On April 29, 2010,  Judge Duane Huffer,  a  Juvenile Court Judge from Kosciusko County, Indiana, ruled 12-year-old, Paul Gingerich, will be tried for murder as an adult in the shooting death of Phillip Danner, the step-father of 15-year-old Colt Lundy.  It is our humble request for the court and the state of Indiana to reconsider and vacate this decision and to entrust this young child to the Juvenile Court System, where he would stand the greatest chance for rehabilitation through programs established in the juvenile system which are lacking within the adult prison system. We believe this would be in the best interest of this child and in the best interest of society.

We fully acknowledge the seriousness of the alleged crime and do not mean to minimize the gravity of what this child is being accused.  However, we strongly believe if prosecuted  and sentenced as an adult, if found guilty, this small child will suffer far more than any adult remanded to adult prison.  We believe his lack of physical, mental and emotional maturity, his extremely young age and small size will leave Paul a target for extreme emotional, physical, and sexual abuse by older juvenile and adult inmates who typically lay in wait for "fresh meat" under the current system.

In a policy statement issued by the Council of Juvenile Correctional Administrators (CJCA), they stated "We strongly oppose the expansion of eligibility criteria for the waiver and transfer of youths into the adult criminal justice system. These policies have resulted in the placement of hundreds of youths into adult penal facilities without adequate treatment services.%u201D According to the MacArthur Research Network on Adolescent Development and Juvenile Justice, "From a developmental perspective, many youths do not have the cognitive, emotional, and social maturity that they will have when they are adults. Moreover, considerable evidence has indicated higher prevalence of mental disorders among youths who come before the courts than among youths in general, including developmental delays, mental illnesses, and mental retardation."  They have also conducted extensive research indicating children in adult corrections facilities face harsher settings and experience more developmental problems than children in juvenile correctional settings, facts which lead these renowned researchers to conclude "trying and punishing youths as adults is an option that should be used very sparingly."A report by the Commission on Safety and Abuse in America Prisons found that violence remains a serious problem in America prisons. Compared to children in juvenile facilities, children in adult prisons were twice as likely to report being beaten up by staff and were 50% more likely to report being attacked with a weapon."  Child advocates, law enforcement officials, and criminologists have urged Congress to consider the destructive effects of placing youth in adult jails and prisons a substantial body of research shows that placing youth in adult institutions accentuates criminal behavior after release and John DiIulio, head of the conservative Council on Crime in America wrote in The New York Times that %u2018most kids who get into serious trouble with the law need adult guidance. And they won't find suitable role models in prison. Jailing youth with adult felons under Spartan conditions will merely produce more street gladiators. The most disturbing aspect of the new bill (incarcerating youth with adults) is the well-founded fear that the thousands of young people slated to be placed in adult prisons and jails are more likely to be raped, assaulted, and commit suicide according to the research report by the Justice Policy Institute: The Risks Juveniles Face When They Are Incarcerated With Adults [Schiraldi, Vincent and Jason Zeidenberg (1997)].  A child should never have to face this reality especially under the custody of the state! 

We believe that sentencing youth to adult prisons does not reduce crime, but rather leads to increased crime due to youth leaving prisons having been severely and repeatedly traumatized and victimized, leaving with a poor education and with poor life skills needed to attain a decent job and to establish and maintain meaningful, healthy relationships among members of society, in addition to having had hardened criminals as mentors and role models.

As parents, grandparents, aunts, uncles, educators, caregivers  and child advocates, we understand that children actually do think differently than adults as their brains and personalities are still developing. We understand that children are a product of their environment and are  influenced by their caregivers, neighbors, educators, media outlets such as television, video games, and music, by their spiritual leaders or the lack thereof, and by their government.

A child should never be locked up with the key thrown away. A child should always be given a chance for redemption and for rehabilitation.

We, therefore, respectfully request and call upon Circuit Court Judge Rex Reed, Prosecutor R. Steven Hearn, Deputy Prosecutor Dann Hampton, in addition to all other adults responsible for the future of Paul Gingerich, currently or forthcoming, to reconsider and vacate the decision having waved this 12 year old boy into adult court, and that he be entrusted to the Juvenile Court System, where he would stand the greatest chance for rehabilitation, a chance at survival, and a more  successful integration into society upon his release .