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Judge opens adult certification hearing to public

Cole County Judge Jon Beetem listens Wednesday to arguments about opening an adult certification hearing for the suspect in the death of Elizabeth Olten. (AP PHOTO/NEWS TRIBUNE/Julie Smith)

By Bob Watson
bwatson@newstribune.com
Rewrites, combines earlier versions
Published: Thursday, October 29, 2009 4:36 AM CDT
The public can attend a Nov. 18 certification hearing for a 15-year-old charged with first-degree murder in last week's killing of Elizabeth Olten, 9, near her home in St. Martins.

"The certification hearing currently set in the underlying juvenile cause will be an open proceeding with public admission subject to the availability of seating, after first seating officers of the court, parties to the proceeding and representatives of the victims," Cole County Circuit Judge Jon Beetem ruled Wednesday. But, the judge also said, news media cameras and recorders will be barred from the hearing, although a limited number of reporters will be able to attend. "The right of the public not to be excluded from the hearing is not the same as the right to unfettered media coverage," Beetem wrote.

The hearing was scheduled to determine whether the teen will be tried as an adult on the murder charge or retained in the juvenile system.

The juvenile's attorney Wednesday also waived the right to a detention hearing, to determine if the teen should remain in custody or be released to the family until the Nov. 18 hearing.

Beetem ordered the juvenile to remain in secure detention.

Officials still have not released the teen's name or gender, and neither was used during a Wednesday morning hearing that led to Beetem's late-afternoon order.


"I think what is important for the court here to keep in mind is that it's not mandatory ... that we bring the public in or we bring the press in," argued Kurt Valentine, a former Cole County assistant prosecutor now in private practice, who was appointed to represent the teen in the juvenile hearings.

"There is nothing, at all, that would be in this juvenile's best interest to have the public, or the press, at the certification hearing."

Olten disappeared after leaving a friend's house about a quarter-mile from her home on LoMo Drive in St. Martins.

Her body was found last Friday afternoon, less than 48 hours after the search began.

Valentine noted the story "has become a nationwide case -- it's on the national news, it's on at least 15 different Web sites and blogs, and there's been a lot of speculation."

But opening up the hearing would result "in giant headlines, my client's name -- there's no way in the world that it could possibly be in the best interests of this particular juvenile."

He added: "There is no way this juvenile would get a fair trial in this city, county, state. ... I don't know where my trial could get a fair trial, when the name is released."

But, countered Samantha Green, attorney for the Cole County Juvenile Authority, Beetem was required to open the case by a 2005 state Supreme Court ruling in a case where a newspaper and television station challenged the St. Louis court's decision to close a hearing in a case where a young teen had killed a child.

"The Missouri Supreme Court found no compelling reason to close that case," she said, noting that state law already limits "what information we shall release" before and during the certification hearing.

"The difference between records and the hearing is substantial," Green added. "It is appropriate for the court to balance those protections" of an open hearing but closed records.

If Beetem determines the juvenile will be tried as an adult, the teen's identity, gender and at least some details of the crime will be released to the public when Prosecutor Mark Richardson files charges in the adult court system.

If the judge decides the case should continue in the juvenile system, some details of the crime and the juvenile court's handling of the case will be reported after the process is finished.




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Thanks.

Onceajay wrote on Nov 8, 2009 12:10 PM:

" There is nothing new to report. That is why there isn't any coverage yet. Of course there is PLENTY of speculation but no on is jumping on that right now and rightly so. Speculation can only hurt the case in the long run. People will just have to wait a little longer to satisfy their curiosity. In the meantime, I hope that time has cooled some heads on this case. "

Kristy wrote on Nov 5, 2009 2:55 PM:

" Pioneer, to my understanding it was already reported and the school is aware of it "

AMM22 wrote on Nov 5, 2009 2:10 PM:

" I don't know what else the media could be reporting right now. There aren't any new developments yet, the certification trial hasn't happened yet. Any coverage right now would just be redundant, and unnecessary. I'm sure the media hasn't forgotten about the situation, there just isn't anything new to report. "

Pioneers wrote on Nov 5, 2009 12:46 PM:

" Kristy I don't know the answer to your questions. It sounds like something that should be reported. I am at a loss as to what to tell you.

Is it my imagination, or has the local media stopped reporting on this case? Perhaps one of the stories that ran before they quit reporting on the story had someone for people to contact if they had any information on the case. I don't know.

I'vd seen comments in other forums (national ones) where people who say they are from this area are complaining about the lack of coverage.

Oh, and let me be clear, I'm complaining on this forum about the lack of coverage of this story in the local media. "

Kristy wrote on Nov 5, 2009 11:38 AM:

" pioneers, not all of this community is making excuses for the accused.
What I would like to know, after speaking to a highschooler and their parent regarding this, is what are the authorities or school going to do with the boy that is threatening to kill people if the students say anything about what they know happened.
What does it take to substanciate a threat of that nature and at least suspend the guy?
How or why would a person be threatening murder (considering one just occured) if anyone talked (to authorities or anyone) if they weren't a part of this?? "

pioneers wrote on Nov 4, 2009 7:17 PM:

" The speculation on other internet blogs about details of the crime are completely incredible. If this case is delayed and delayed, and the real details are not disclosed, it will be so emotionally unhealthy for Central Missouri.

You can't fix a problem you don't know you have. If 1/100th of what I've read on this case is true, we have a huge ugly problem. And it's little kids that are paying for our ignorance. We keep having these horrible horrible cases in Central Missouri: a mother burning her baby alive, an infant found dead in the trunk of a car, Elizabeth in a grave in the woods. Why does this keep happening here? "

pioneers wrote on Nov 4, 2009 7:11 PM:

" The only place I'm aware of people discussing this case is on the internet blogs and forums. In this community there is so much focus on the the rights of the accused, and nothing is being reported about any further investigations. So either law enforcement thinks they have the main suspect and are not pursuing others that helped plan, commit or cover up the murder. Or they are keeping silent. I would understand that, except it is so extreme in this case.

I know the suspect is in custody. I'd like to know others are being investigated. There is no way in my mind a 15 yr. old girl could pull this off alone. "

happy wrote on Nov 4, 2009 4:15 PM:

" Her twitter page has been removed along with all of her posts, what I saw a a week ago is not longer online, and she doesn't have to be the one to remove it, she is accused of murder in the 1st the Police can and did contact twiter to have it removed I am sure. "

mikemojc wrote on Nov 4, 2009 1:17 PM:

" The strength of the evidence can best be measured before court by how the defense acts.If the defense wants trial right away, they think they've got it locked. If they see super overwhelming evidence and no way to refute it, they will delay at every opportunity to muddy the water and keep their client out of prison as long as possible.

I'm looking for the delaying tactics to start at the certification hearing; a motion to keep it confidential, appeal THAT ruling, complain about discovery, argue about that for a while.... Unless the defendant pleads on this, don't look for it to be resolved any time that it might show up on the Mayan calendar.... "

Kristy wrote on Nov 2, 2009 4:38 PM:

" But I do have to say with whats been said that I can understand why they aren't letting most of the info out and how would effect the case if they did. "

Kristy wrote on Nov 2, 2009 4:35 PM:

" If what some are saying and I was told again today is true, I don't see how they would qualify for the mental plea "

gofish wrote on Nov 2, 2009 2:13 PM:

" Byron W. wrote "Not if she was hopped up on drugs. "

Or Mountain Dew "

Byron W. wrote on Nov 2, 2009 1:36 PM:

" waitingontheend wrote "You guys might or might not be surprised if this girl ends up in a mental hospital instead of through the prison system. After all you have to be not right to do what she did and given her past she would be a prime candidate for a mental plea."

Not if she was hopped up on drugs. "

Kristy wrote on Nov 1, 2009 2:32 PM:

" hmarie775, hope they didn't miss what they posted their 'hobby' is.
With the 15 yr. old in custody, who would have deleted it?
It told me page wasn't availiable but then someone else posted it was still showing. "

hmarie775 wrote on Oct 30, 2009 1:46 PM:

" Kristy- I found it interesting today that all of the suspect's "tweets" have been deleted and her picture removed from her twitter page.....guess lawyers finally caught on that people were reading them as she went from only like 11 "followers" to over 90 this week.... "

plpofjc wrote on Oct 30, 2009 9:44 AM:

" I was glad to hear that this hearing is open to the public. Great ruling Judge Beetem!
It does make me wonder if the juvenille defendent will be present during this hearing or if it would be broadcast from the detention center like it would've been if the previous hearing was held and not waived.
I also wonder how they determine where to hold the trial (If defendent is deemed an adult) since this is national news and not just state/community news anymore?
Does anyone know the answer to these questions? "

Kristy wrote on Oct 30, 2009 12:07 AM:

" online editor, some of those comments had some underlying meaning and could be evidence. "

My2DollarsWorth wrote on Oct 29, 2009 10:35 PM:

" Many have attempted to respond to unreasonable, judgmental and harsh comments. This is only fuel to the fire and keeps the bickering alive.

I have better things to do with my time and suggest the reasonable folks bow out and leave them to talk among themselves. "

online_editor wrote on Oct 29, 2009 10:02 PM:

" I removed some comments that contained personal sniping or reaction to it. A couple other posts may have lost some of their context because of that removal. If you can criticize in a general and respectful issue-oriented way, fine, but please avoid adding personal insults and back-and-forth bickering to it. Thanks. --Rick Brown, online editor, News Tribune "

Kristy wrote on Oct 29, 2009 8:59 PM:

" gofish, they don't have to agree, everyone is entitled to their opinion.
But we will see how it goes. I think some of the provoking comments on here could be due to some know the Feds are helping in this case.
Devildog35, no need to apologize really. They don't like what you say, then its said you're a drunk. They don't like what I said, then its said I must be on crack.
Consider the source and forget it is how I look at it.
By the way, thank you for your service. "

devildog35 wrote on Oct 29, 2009 8:01 PM:

" And the devildog is in reference to the Marine corps( in which I PROUDLY served) and the 3/5 is for my old unit. "

dazy1961 wrote on Oct 29, 2009 6:29 PM:

" You know, all this sniping is ridiculous. How about showing some respect and compassion for Elizabeth and her family instead of posting suppositions, accusations, rumors and personal attacks. The family needs the support of the community and doesn't need to see all this tripe. And while we're at it, how about some compassion and sympathy for the suspect's family, because this has to be so difficult for them, too. I don't know either of the families, but I would rather spend my time hoping they find the strength to get through this than reading all the junk I've been seeing on here. "

lifer wrote on Oct 29, 2009 6:05 PM:

" " Isn't it bad enough we have the queen of tabloid TV Nancy Grace stroking her ego by ranting in her know it all manner on a national media outlet, but we have to have local people doing the same thing here. Folks who supposedly care about this family will not help matters by bickering over pure speculation. " "

gofish wrote on Oct 29, 2009 4:54 PM:

" In spite of that, it's nearly impossible to "fake" being mentally ill. Plus, there is a HUGE difference between mentally ill, mentally incompetent to stand trial, and not guilty by reason of insanity.

Bottom line of it all is 2 questions: a) did she know what she was doing is wrong when she did it and b) is she mentally competent to stand trial and participate in her own defense.

1 easy answer: yes, she knew it was wrong or the body would not have been concealled and yes, she is mentally competent to proceed because she knows what she did, remembers it, and led the sheriff to the body.

Toss the insanity defense, even Curt Valentine isn't that crazy. "

gofish wrote on Oct 29, 2009 4:50 PM:

" Kristy wrote "But they may find it more difficult to fool any Feds than they think. " I think there are some middle easterners that would disagree with your opinion. "

gofish wrote on Oct 29, 2009 4:44 PM:

" get a clue wrote "I am sick of how the people of this area LOVE to spread rumors. Because they have nothing else better to do with their lives."

This phenomena of which you speak...gossiping...it happens everywhere....get a clue.

I may have to go outside the court house just to watch the drama unfold as the accused is led into the court house. I'm sure the mob mentality will be well represented. Maybe the anti-death penalty protesters will weigh in...since there is no death penalty for this case...I can see this being a rally for their cause. "

Kristy wrote on Oct 29, 2009 11:53 AM:

" I'm not a tweeter either, but the person made no bones about what they are about.
We will have to wait and see if, and how it works if they do, how their attorney playing the 'mental' card for them works.
They may have a more difficult time than we suspect at this moment. With the FBI being involved in the case, they have the top notch medical experts and we don't know who all will be doing the evaluations.
But they may find it more difficult to fool any Feds than they think. "

waitingontheend wrote on Oct 29, 2009 11:36 AM:

" I understand that there was a twitter going on, but I am not a tweeter so I don't know what was posted. Some mentally not there people can be very deceiving on the outside when they are a whack job on the inside. "

sasha wrote on Oct 29, 2009 11:14 AM:

" poeracing:

I have a friend who went out that way during the time of the procession. She said the line of cars went from up by South Country Club all the way down the outer road by the cemetery. HUGE turnout. She said she sat there for 20 minutes. What a great turnout for that little girl "

Kristy wrote on Oct 29, 2009 11:11 AM:

" waitingontheend, thanks for clarifying that. It won't surprise me in the least if the person's attorney tries the 'mental' card either, they will try anything.
Although I would have to say I feel differently about the person's past and what you said about their past leaning toward not being mentally there just because of one comment they posted before they committed the crime "

waitingontheend wrote on Oct 29, 2009 10:42 AM:

" my post on other subjects I meant to say. "

waitingontheend wrote on Oct 29, 2009 10:41 AM:

" I think you misunderstood me, I said in this particular case because of some of the background info on this girl that I would not be surprised if that would come into play. I agree that it is premeditated if you are planning to do this ahead of time but some of the past of this girl leans toward her not being mentally there. If you read my post I have no sympathy for humans that perform crimes none at all no matter what the age I am always for wiping them off the face of the earth but I can see the mental card being played here. "

Kristy wrote on Oct 29, 2009 9:36 AM:

" waitingontheend, so you are saying all murderers in our Nation should be placed in a mental hospital because of the act they committed?
It would be surprising if they got by with that when the killer was thinking straight enough to hide the body and cover their crime. "

NT webmaster wrote on Oct 29, 2009 9:18 AM:

" misshoneybee and waitingonthend, please check your email again. I have sent what you requested. "

MoBlogger wrote on Oct 29, 2009 9:12 AM:

" I just hope as or if this goes to jury that the suspect can actually get a fair trial with all of the negative blog postings on local online news outlets across the state. "

waitingontheend wrote on Oct 29, 2009 9:11 AM:

" I saw this morning on the news KRCG that the defense lawyers are reading the blogs just not being aware of them so I think I will refrain from any more speculation because I sure don't want this case tainted. Good Day. "

waitingontheend wrote on Oct 29, 2009 8:24 AM:

" You guys might or might not be surprised if this girl ends up in a mental hospital instead of through the prison system. After all you have to be not right to do what she did and given her past she would be a prime candidate for a mental plea. "

misshoneybee wrote on Oct 29, 2009 8:10 AM:

" I've got an answer for you, GeeWhiz, but I ain't in the mood to get jumped on today (wink)! "

GeeWhiz wrote on Oct 29, 2009 7:52 AM:

" I would like to know why (on FoxNews) they can post the name of a 15 year old boy who killed his brother in Florida, but they can't post this 15 year olds' name?? Can anyone tell me? "

lumofo wrote on Oct 29, 2009 6:39 AM:

" Kristie, I agree justice needs to be served. My point is lets let Law enforcement disseminate the facts about this case. There are too many statements on these board about a friends friend was out searching for her and he heard........ "

online_editor wrote on Oct 29, 2009 4:44 AM:

" (Editor's note: The following forum comments were moved here from their location on the original version of this news story.)

mccrabb wrote on Oct 29, 2009 2:40 AM:
" I hate to say this is going to be a tough case ,might be a test case for mid Missouri so much of you should hold back some of your comments ,change of venue for sure ,yes its very touching one but in this day and age of technology I'm not sure anyone can get a fair trial and again everybody should not hide behind a handle,I don't .. ps news trib my "hold back" VERB was replaced for what you don't approve of sorry did not know you weren't up to speed on vocabulary. "

Kristy wrote on Oct 28, 2009 10:02 PM:
" lumofo, we are 100% sure of one thing and that is a little girl's life has been taken and Justice needs to be served. Some people may not express themselves as you see fit, but it doesn't mean what some of them are saying isn't true. "

lumofo wrote on Oct 28, 2009 6:29 PM:
" poeracing wrote on Oct 28, 2009 3:42 PM:
" mommyof2-If I remember correctly, I'm thinking I read or heard on the news that the burial was going to be private. I'm not 100% sure on this. "

Thats ok! no one one here is 100% sure of anything on here, but it doesn't stop them from spreading rumors, gossiping, and spreading their hate. "

CJ Major wrote on Oct 28, 2009 4:22 PM:
" LOL, point taken and well made G.A.C. :) "

get a clue wrote on Oct 28, 2009 3:58 PM:
" PS I picked my name because the people of Jefferson City need to get a clue. They dont need to judge people because they themselves dont want to be judged. I am sick of how the people of this area LOVE to spread rumors. Because they have nothing else better to do with their lives.

Everyone else here hides. So why should I expose myself to some of these NUTs? So they can google my name find out where I live and make threats to me. LET ME SAY IT AGAIN. GET A CLUE. "

get a clue wrote on Oct 28, 2009 3:55 PM:
" I am not a hyprocrite. I do try to help. I have volunteered my time when I was unemployed to a cause. And I am still working on that cause.

I help those people out that I see can use my help. I have been there for a minor child when they needed assistance. I tried to influence them to do better with their life. So now that I have answered that. Why dont you go out and do the same.

People in glass houses shouldn't throw stones. "

poeracing wrote on Oct 28, 2009 3:49 PM:
" Good news that the teenager will NOT be getting out. She's where she needs to be. This was a horrible thing she did to this child. The 15 yo took so much away from Elizabeth and her family. I know to a certain degree what the family is going through. My younger sister was murdered too (16 years ago) only my sister wasn't nearly that young-she was 24. Her being my only sibling and she was taken from senselessly just as Elizabeth was taken from her family senselessly. God Bless the Olten Family. "

poeracing wrote on Oct 28, 2009 3:42 PM:
" mommyof2-If I remember correctly, I'm thinking I read or heard on the news that the burial was going to be private. I'm not 100% sure on this. "

Ihvmydoubts wrote on Oct 28, 2009 2:44 PM:
" Even if she is tried as an adult the death penalty in not an option for a person under the age of 16. State law. No point in arguing over that one. "

CJ Major wrote on Oct 28, 2009 2:21 PM:
" Look who's talking 'GET A CLUE'. You're not using your real name and where are you sitting? Behind a computor. Quit being a hypocrit and do something to help the community yourself. Yes, if this was my child who did this heinous (that means very bad and evil since you probably dont understand big words) act, then yes, punish the child to the full extent of the law. "

mommyof2 wrote on Oct 28, 2009 2:19 PM:
" Or was the funeral private? "

mommyof2 wrote on Oct 28, 2009 2:19 PM:
" We just watched the funeral procession drive by on Truman. There were only about 10 cars. Is it safe to assume that the other people in attendance took another route? "

get a clue wrote on Oct 28, 2009 2:05 PM:
" Only God can judge her. For those of you who want the death penalty, would you want that if it was your child that commited the crime?

Jefferson City needs to wake up!

Do something to help the community recover from this. Give your time to those kids that need help instead of hiding behind a computer saying this and that. "
"


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