The "Pinky" Trial Continues

On trial at Orange County Family Court in Goshen, NY, is the 13-year-old boy known as "Pinky". He has been charged in the stabbing death of 17-year-old Levi King Flores on Jan. 13, 2010 in Newburgh NY. The trial began on Feb. 3 with police statements that the 13-year-old "Pinky" had assisted them in recovering the knife used in the attack. See the details here.

The prosecution suffered a setback when Family Court Judge Andrew Bivona threw out much of the evidence, including the statements made by "Pinky" when he was questioned by the police and the knife used to kill Levi King Flores, which the boy had helped them find - calling them the "fruit of the poisonous tree." Here is why the judge threw out the evidence:

As previously noted both the boy and his mother were read his Miranda rights. The mother was told in Spanish and the boy, who speaks English, in English. The problem was that the police conducted the entire interview with the boy in English, which his mother did not understand.

The boy's attorney, Stuart Greenberg, argued that "the language barrier of the mother prevented her from helping her son understand what police were asking and the consequences of answering." The judge agreed and granted Greenberg's motion to suppress the boy's statements.

Since the police were unable to use the boy's statements, they were also unable to use any evidence obtained from the interview with the boy, including the knife and any DNA evidence recovered from the scene.

Prosecutors were however allowed to use identifications made by two witnesses who claimed to see the stabbing. Each picked the boy out of a photo array as the killer. They were both friends of Levi.

The trial continued with the testimony of two of Levi King Flores' friends, both of them in 7th grade. They described the events leading up to the death of the 17-year-old. Both parents of Levi King Flores were in court, silently watching the proceedings.

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The first to testify was a 13-year-old boy. This is how he described what happened:

Levi and his friends were playing on a frozen pond in Downing Park. They had a small bat and were trying to punch a hole in the ice. A group of girls approached them and started swearing at them. One of the girls was the sister of the 13-year-old defendant, "Pinky". The girls continued to belittle the gang the boys belonged to - La Eme. During the confrontation "Pinky's" sister used her cellphone to call her brother. He came to join them and they all left going in the direction of a nearby store.

Levi and his friends also left, heading in the same direction. The argument continued culminating in a fight between "Pinky" and another 12-year-old boy. At the same time, Levi himself, was arguing with "Pinky's" sister and eventually got caught up in ongoing the fight. No one knew at the time that "Pinky" had a knife - hidden in one of his sleeves - until it was too late.

"After that Levi was limping, and we carried him to St. Luke's," he said.

After relating the story the boy was crying. "Pinky's" lawyer, Stuart Greenberg, gave the boy time to recover before starting the cross-examination. Under cross-examination the boy said that Levi King Flores was indeed a member of the Newburgh street gang known as La Eme. He said that he did not know what had happened to the bat used to break the ice on the pond. He also said that it was not used in the fight.

When the second witness - a 12-year-old boy - took the stand he recounted the same story as the previous boy. When the Assistant District Attorney Allan Drian asked him to lift up his shirt, he revealed the scars left from the three puncture wounds he had received during the knife attack. This provoked an audible gasp from Martha, Levi's mother.

The trial continues.......

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13-Year-Old "Pinky" on Trial

"Pinky" is of course not his real name, but that is what he is called on the streets of Newburgh. His real name has not been released by the police because of his age - he is only 13 years old. "Pinky" has been accused of stabbing 17-year-old Levi King Flores to death in a street fight in which three other teens were also stabbed but survived.

Read about the details of the case here and here.

"Pinky" was originally charged with murder but because of his age and other factors he now faces:

1 Count Second-Degree Manslaughter (felony) 

3 Counts of Second-Degree Assault (felonies)

1 Count of Fourth-Degree Misdemeanor Criminal Possession of a Weapon.

For his own protection "Pinky" is being held in a secure youth detention center in Erie County. He had previously been jumped by other teens while in a Westchester County youth detention center. Also because of his age and the charges against him, "Pinky" is being tried as a juvenile in Family Court. According to the Times Herald-Record:

The longest sentence the boy could face is 18 months at a stretch in secure detention, but the state Office of Children and Family Services can return to court to keep a juvenile in secure detention until age 18.

His trial began on Wednesday, Feb.3, 2010 in front of Judge Andrew P. Bivona in Orange County Family Court. Senior Assistant County Attorney Allan Drian is the prosecutor in the case. The boy's lawyer is Stuart Greenberg. The trial is expected to last about two weeks.

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On the first day of the trial, police testified that before they began to question "Pinky", his mother was advised, in Spanish, of the boy's rights. They say the boy assisted them by returning to the crime scene - at the corner of First St. and Carpenter Ave. in Newburgh - and helped them find the weapon he had used and then tossed away. Evidence against the 13-year-old includes a videotaped interview, DNA evidence and eye-witness statements.

Hinting at possible previous confrontations, the defense attorney, Stuart Greenberg, requested that the judge order the prosecution to turn over any documentation of arrests in connection with a gang assault on the 13-year-old and his sister prior to the stabbings.

The trial continues......

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