The attorney for a minor charged with murder and arson in a mobile home fire in Goodfield criticized the police investigation into the incident, claiming at a hearing on Thursday that new information has recently been uncovered that may impact the case.
Describing the police investigation as “extremely terrible in this case,” defense lawyer Peter Dluski asked Judge Charles Feeney for more time to prepare for a hearing on a defense motion to bar certain evidence from the boy’s trial.
Dluski said he was hesitant to publicly criticize police work on the case. He said he has lost sleep over the case.
“I care about this kid ... I’m not trying to drain money from the county. I have to defend a 10-year-old kid,” Dluski told the judge.
The boy, who was 9 at the time he was charged with five counts of murder and arson, did not appear in court for Thursday’s hearing. Charges accuse the boy of killing four people who died in the blaze at Timberline Mobile Home Park in Goodfield.
The boy and his mother, Katie Allwood, survived the fire that killed Jason Wall, 34, and two children, Daemeon Wall, 2, and Ariel Wall, 1. Kathryn Murray, Alwood’s grandmother, also died in the fire.
According to Dluski, new information about the handling of the case was disclosed on Monday in a deposition of Woodford County Sheriff’s Deputy Robert Gillson. The lawyer said he wants to look into allegations that the state’s attorney’s office may have overstepped its bounds by appointing a guardian ad litem, a lawyer who would represent the interests of the child.
Feeney debunked that claim, noting that the appointment is made by a judge in all juvenile cases.
The judge asked Dluski to focus his arguments for a continuance on specific allegations of violations of the child’s constitutional rights. Defense questions about search warrants and how the home mobile was released after the fire meet the standard for constitutional claims, said Feeney, in granting a delay.
The defense is also waiting on additional mental health records from authorities.
The child was evaluated last year by a childhood trauma expert who told the court the boy was mentally unfit to stand trial. Shortly after the incident, Katie Alwood told a media outlet her son had been previously diagnosed with a mental illness.
Feeney noted the case has been pending more than two years but assured lawyers he wants them to have ample time to prepare their case.
“I have no angst over the time this case has taken,” said Feeney.
State’s Attorney Greg Minger said the state was ready to move forward with the hearing.
A Woodford County Sheriff’s Department spokesman was not available for comment on Dluski’s characterization of the police investigation.
The family had an extensive history of contact with the Department of Children and Family Services. The agency took protective custody of the boy after the fire and placed him with relatives of his father.
If convicted, the boy faces probation and court-ordered counseling.
A Sept. 13 hearing is scheduled to review the status of the case.
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