Attorney’s Request to Re-Open Boy’s Murder Case Denied

RIVERSIDE – A judge today denied a defense attorney’s request to hold additional hearings on where to place a 13-year-old boy who fatally shot his neo-Nazi dad, ruling that it was too late to re-open the case.

Riverside County Superior Court Judge Roger Luebs said the Juvenile Court had lost jurisdiction over Joseph Hall when the youth’s conviction was appealed last fall.

”The judge did not even let me get into the merits of the case,” Joseph’s attorney, Punam Grewal, told City News Service. ”He said right off the bat that he did not have jurisdiction as a result of the pending appeal, and the issue was moot. I think he was wrong on the law.”

Grewal said she will file a petition in U.S. District Court for a federal hearing on the matter, while also proceeding with the boy’s criminal appeal in state court.

Joseph was sentenced last October to 10 years in a juvenile detention center for the May 2011 murder of 32-year-old Jeff Russell Hall of Riverside. The boy, then 11, took his dad’s .357 revolver from a bedroom closet and used it to shoot him once in the head as the drunken man lay passed out on a sofa.

Following a nearly weeklong placement hearing, Superior Court Judge Jean Leonard ruled that the most appropriate location for Joseph to serve out his sentence was a juvenile correctional facility in Stockton. Grewal argued that the boy’s learning and emotional disabilities would not be adequately addressed at a state youth offenders camp, and might in fact grow worse.

Grewal appealed the sentence and simultaneously sued the Riverside County Office of Education for allegedly failing to ensure her client had received appropriate care while in the custody of the Department of Probation from the time of his arrest on May 1, 2011, to his sentencing last Oct. 31.

”They violated Joseph’s disability rights under federal law,” Grewal said. ”They were supposed to offer him therapy in a locked residential treatment center, and he didn’t get that.”

The civil case went before the California Office of Administrative Hearings and was assigned to Judge Paul Kamoroff in San Diego. Kamoroff hears cases that fall under the jurisdiction of the California Department of Education.

Over a 13-day period in January, Kamoroff heard testimony regarding Joseph’s history, as well as diagnoses that indicate the boy suffers from severe attention deficit hyperactivity disorder and related problems that affect his ability to communicate, according to Grewal.

Kamoroff ruled that Joseph had been entitled to special needs treatment that he didn’t receive while in the custody of Riverside County authorities. The judge directed the county Office of Education to petition the Superior Court to become an official party to the criminal case now on appeal and acknowledge that it was deficient in seeing to Joseph’s treatment.

The county attempted to comply with Kamoroff’s directive during today’s hearing, but Luebs would not hear the motion — again citing the pending criminal appeal.

The county is also appealing Kamoroff’s decision. However, according to Grewal, if that ruling stands, the county will be ”on the hook” for compensatory services, meaning it will owe one-on-one therapy to Joseph for the time he spent in custody.

Grewal had hoped to present evidence today regarding findings from the January administrative law hearings. She told CNS that experts had nailed down ”the nature of Joseph’s disability, covering the whole autism spectrum.”

”His needs cannot be met in a state juvenile facility,” Grewal said.

During the boy’s 2012 trial, Chief Deputy District Attorney Mike Soccio recalled prior acts of violence that Joseph perpetrated, including choking a teacher, stabbing his younger sister and hitting his uncle in the head with a club.

”He didn’t like people who told him he couldn’t do things,” Soccio said.

Deputy Public Defender Matthew Hardy countered that Joseph suffered from a neurological disorder tied to his mother’s alcohol consumption when she was pregnant with him and had been shown from an early age that ”violence was an acceptable way to solve problems.”


Attorney seeks to re-open boy’s murder case

RIVERSIDE – Attorneys for a 13-year-old boy who fatally shot his neo-Nazi father will argue today for additional hearings on the teenager’s placement following an administrative law judge’s ruling that the youth has special needs that aren’t being met.

Joseph Hall was sentenced last October to 10 years in a juvenile detention center for the May 2011 murder of 32-year-old Jeff Russell Hall. The boy, then 11, took his dad’s .357 revolver from a bedroom closet and used it to shoot him once in the head as the drunken man lay passed out on a sofa.

Following a nearly weeklong placement hearing, Riverside County Superior Court Judge Jean Leonard ruled that the most appropriate location for Joseph to serve out his sentence was a youth correctional facility in Stockton.

Defense attorney Punam Grewal argued that the boy’s learning and emotional disabilities would not be adequately addressed at a state youth offenders camp, and might in fact grow worse.

Grewal appealed the sentence and simultaneously sued the Riverside County Office of Education for allegedly failing to ensure her client had received appropriate care while in the custody of the Department of Probation from the time of his arrest on May 1, 2011, to his sentencing last Oct. 31.

”They violated Joseph’s disability rights under federal law,” Grewal told City News Service Wednesday. ”They were supposed to offer him therapy in a locked residential treatment center, and he didn’t get that.”

The civil case went before the California Office of Administrative Hearings and was assigned to Judge Paul Kamoroff in San Diego. Kamoroff hears cases that fall under the jurisdiction of the California Department of Education.

Over a 13-day period in January, Kamoroff heard evidence regarding Joseph’s history, as well as diagnoses that indicate the boy suffers from severe attention deficit hyperactivity disorder and related problems that affect his ability to communicate, according to Grewal.

Kamoroff ruled that Joseph had been entitled to special needs treatment that he didn’t receive while in the custody of Riverside County authorities. The judge directed the county Office of Education to petition the Superior Court to become an official party to the criminal case now on appeal and acknowledge that it was deficient in seeing to Joseph’s treatment.

”The court basically said that the Office of Education violated his rights,” Grewal told CNS. ”Your free public education rights go everywhere with you, even when you’re incarcerated.”

The county is appealing Kamoroff’s decision. According to Grewal, if the judge’s ruling stands, the county will be ”on the hook” for compensatory services, meaning it will owe one-on-one therapy to Joseph for the time he spent in custody.

The hearing today at Riverside Juvenile Court will be to consider a petition by the defense for the court to consider re-opening the placement phase of Joseph’s trial — not the sentencing — in light of the evidence and outcome of the administrative hearing.

”I’ll be telling the court that we have new evidence of the type of needs this child has,” Grewal said. ”This was not presented during the trial. We had experts give testimony in January who talked about the nature of Joseph’s disability, covering the whole autism spectrum.”

According to Grewal, the administrative law judge found that the county is liable for ”X number of years of speech therapy and X number of years of language services.”

”Now it’s time to compensate him. But his needs cannot be met in a state juvenile facility,” Grewal said. ”We’re hoping the court will recognize that.”

She acknowledged that the juvenile court judge has discretion on whether to re-open placement proceedings and has 30 days to issue a ruling.

According to Chief Deputy District Attorney Mike Soccio, who prosecuted Joseph, the D.A.’s office has not changed its position that the defendant belongs in a state-run detention center.

”We are of the opinion that the juvenile court cannot make any rulings affecting the case now because they have lost jurisdiction while the matter is on appeal,” Soccio said.

Joseph will not be present at today’s hearing.

During the boy’s 2012 trial, Soccio recalled prior acts of violence that Joseph perpetrated, including choking a teacher, stabbing his younger sister and hitting his uncle in the head with a club.

”He didn’t like people who told him he couldn’t do things,” Soccio said.

Deputy Public Defender Matthew Hardy countered that Joseph suffered from a neurological disorder tied to his mother’s alcohol consumption when she was pregnant with him and had been shown from an early age that ”violence was an acceptable way to solve problems.”

The defense presented evidence that county child welfare workers had been called to the Hall household on numerous occasions to investigate reports of abuse, though neither Joseph or his younger siblings were ever taken into protective custody.

One Response to "Attorney’s Request to Re-Open Boy’s Murder Case Denied"

  1. Judge Not   March 30, 2014 at 6:35 am

    Luebs is notorious for being bias. Unfortunately, nothing can be done about his bias. He is protected by the judge mafia in Riverside County. He is of the Pacheco mindset that a good prosecutor can convict a guilty person, but a great prosecutor can convict an innocent one. Equal representation before the court is not his strong suit.

    Reply

Leave a Reply

Your email address will not be published.