At a Calaveras County Superior Court “pretrial” hearing, the attorneys said they are still receiving evidence from the District Attorney’s Office and would not be able to give a fair defense to their client without additional time.
The boy, who recently turned 13, is charged with second-degree murder. He’s been held for five months at a Placerville juvenile detention center.
He was arrested May 11 after an extensive investigation by local, state and federal law enforcement offices. They initially were searching for an older man that the boy said came into their Rippon Road house and stabbed Fowler.
Defense Attorney Mark Reichel, of Sacramento, said in a press conference following Wednesday’s hearing that “nothing has changed” in regard to the defense’s stance that the boy was not the true killer.
The defense attorneys’ investigators “can’t give any dates” yet on when they will be through with the probe, he told Judge John Martin.
Reichel said he “can’t reveal at all” what sort of evidence has been collected, or who the defense is looking into as alternate suspects.
He did have a few things to say about the boy.
“He’s holding up well. As well as can be expected, given the circumstances,” adding it was his first time being incarcerated or even being away from family that long.
“He was raised to be a strong young man, emotionally and psychologically,” he said.
The boy in court sat motionless in what appeared to be the same taupe button-up shirt as his last appearances and only spoke once, saying “yes” to waive his right to a speedy trial.
Judge John Martin continued trial-setting to 1:15 p.m. Nov. 13. Trial-setting was previously continued for the same reason on Aug. 1.
Family members were present but didn’t want to comment.
Reichel said the family was having tremendous trouble finding a permanent place to live, as they have been harassed everywhere they go.