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For now, the four older defendants are being home-schooled, their lawyers say, and expulsion hearings have been postponed.
Mr. Murray said today that he had the charges dismissed for the four older defendants and expected to do the same for the minor.
The three older defendants — ages 17, 18 and 26 at the time of the crime — were given six-month suspended sentences last month.
For example, judges often detain too many older defendants (people over 30), defendants with clean records and defendants charged with fraud or public order offenses — in other words, people who are less likely to commit crimes while out on bail.
Jurors in capital cases involving juveniles, said Victor L. Streib, a law professor at Ohio Northern University who has studied 400 of them, weigh the gravity of the crime against the defendant's immaturity and lack of judgment, particularly where older defendants may have influenced the juvenile's conduct.
Lawyers for some of the older defendants said they would appeal a decision to try their clients as adults, on grounds that the state law unconstitutionally differentiates between juveniles who are 16 or 17 years old, and those age 14 or 15.
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22, 2002 WHEREABOUTS -- The article about how Mr. Malvo's supposed role in the sniper shooting was affecting the case against the older defendant, John Muhammad, carried a dateline of Centreville, Va., Dec. 19.
The older defendant, wearing a dark shirt and tie, and with close-cropped dark hair, spoke clearly and confidently when answering the charges, but at times appeared restless, shuffling in his seat and yawning on a couple of occasions.
In response, Judge Johnson wrote, "It is clear that the 'drafting' refers to counsel's efforts in cutting and pasting old defendants in place of new defendants".
Last year, Connecticut stopped treating all 16-year-old defendants as adults, and next year will do the same for 17-year-olds.
He also plans, in the coming months, to establish a pilot program of adolescent criminal courts, dedicated to handling the cases of 16- and 17-year-old defendants.
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