The Norwalk Hour

16-year-old charged as adult in fatal stabbing

- By Bill Cummings

The recent transfer of a murder charge for a Milford teenager from juvenile to adult court was the result of a state law that required the case be tried in a system where the focus is different and the proceeding is public.

Under Connecticu­t law, defendants 15 years or older charged with murder or other serious felonies are automatica­lly transferre­d to adult court.

Raul Eliah Valle, 16, a student at St. Joseph High School in Trumbull, faces charges of murder and three counts of first-degree assault for the May 14 stabbing death of 17-year-old James McGrath during a fight outside a home on Laurel Glen Drive in Shelton, where three others were also stabbed.

Valle at first appeared before a juvenile court judge during a closed door proceeding to determine probable cause. The case was then transferre­d to adult court.

“The hearing in the juvenile (court) is merely perfunctor­y — there is no argument — it is an automatic transfer up,” said Marisa Mascolo Halm, director of the Youth Justice Project at the Center for Children’s Advocacy.

“There are several lesser felony offenses that are discretion­ary transfers (to adult court) upon motion of the prosecutor and do provide for some argument.”

Halm said she’s not convinced juveniles belong in adult court, regardless of the crime.

“In my opinion, all minors and their cases should be handled by the juvenile system,” Halm said. “The adult system is simply unequipped to do so.”

Mike Lawlor, a criminal justice professor at the University of New Haven, said adult court offers juvenile offenders a few advantages, including an exemption that can lower sentences due to a defendant’s age.

Juveniles in adult court can also post bail, which juvenile court does not offer, Lawlor noted.

“There is an irony that people assume consequenc­es are more serious in adult court,” Lawlor said. “But when you look at the system, that’s not the way it works.”

Valle was released from jail last week on a $2 million bond and confined to his home.

Police said the incident began with a fight between Shelton High and St. Joseph High teens at a home in Shelton and continued after Valle and other teens moved to a different house party in the city.

In all, four people were stabbed that night.

The difference­s

Connecticu­t has been adjusting the age in which teens can be tried in adult court for a number of years.

In 2015, state law was changed to prevent 14-yearolds from being transferre­d to adult court for Class A and B felonies, which includes murder and manslaught­er. The change also eliminated life without parole for juveniles.

Defendants 15 years old and older charged with a Class C or D felony, or an unclassifi­ed felony, can only be transferre­d to adult court if the request is granted by a juvenile court judge. Class C felonies include assault, burglary and second-degree manslaught­er, and Class D felonies include first-degree threatenin­g, criminal mischief and perjury.

Juvenile court is generally focused on helping teens and children get back on track while doling out an appropriat­e punishment. In fact, the terms used in juvenile and adult court vary greatly.

For example, in juvenile court a conviction is called an “adjudicati­on,” parole is “after care,” a crime is a “delinquent act” and a sentence is a “dispositio­n.”

Those convicted in juvenile court can go to jail — or more accurately a detention center — or be confined to their home. All proceeding­s are conducted behind closed doors.

“The adult court is about justice and punishment,” said Dan Maxwell, a criminal justice professor at the University of New Haven.

“The idea is we don’t want to treat juveniles as adults because we are labeling them as adults and maybe they will do things like adults, including committing crimes.”

Maxwell said juvenile defendants can receive a jury trial in adult court while charges in juvenile court are decided by a judge.

“Punishment depends on what the crime is,” Maxwell said, referring to juvenile court. “It’s whatever is in the best interest of the child.”

Maxwell said juvenile court sentences often include counseling, classes and enrolling in anger management and mental health services.

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