NEW CASTLE, PA - Prosecutors in the case of convicted killer Jordan Brown intend to appeal the ruling by the Superior Court.
The court recently overturned the guilty verdict against the now 15-year-old boy, who has been housed in a secure detention facility since his arrest at age 11.
Attorneys for the Commonwealth filed an "Emergency Application for Stay Pending Remand." The motion was granted with the defense in agreement.
A hearing scheduled for Monday in Lawrence Court Juvenile Court was cancelled.
Prosecutors will ask for the entire panel of nine judges to rehear the case, instead of just a portion of the Superior Court.
Brown was just 11 years old, when he was accused of shooting and killing his father's fiancee Kenzie Houk and her unborn child at the home they shared in Wampum.
Defense Attorney Dennis Elisco who represents Brown says he has always felt there was never sufficient evidence to convict him.
"Based on the opinion by the Superior Court, we're in a position now where we can see the light at the end of the tunnel. Because once the appeal by the Commonwealth is exhausted and remanded here, we're either going to be gearing up for a retrial or try to prevent a retrial unless they can produce any new evidence," said Attorney Elisco.
The defense attorney goes on to say, from a defense standpoint this is the most strategically advantageous position we've ever been in in this case.
Prosecutors are also considering petitioning the state Supreme Court for a review of the appeal's court opinion.
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