Man, 46, could be tried as juvenile

THL · 10-03-2007, 04:12 AM

Quote:

Man, 46, could be tried as juvenile in '77 slaying

A 46-year-old man accused earlier this year of the 1977 murder of a high school acquaintance in Homewood will learn in two weeks whether he will be tried as an adult or a juvenile.

After a March arrest for a traffic violation, Fred J. Rogers was cited in a juvenile petition for murder in connection with the Jan. 19, 1977, fatal stabbing of Kenneth Hellstrom. His case was sent to Juvenile Court because he was 16 at the time.

Prosecutors have been trying to persuade Cook County Juvenile Court Judge Paul Stralka to transfer Rogers to the criminal division, where he could be tried as an adult. But Assistant Public Defender Richard Hutt, who represents Rogers, has been working to keep his client in Juvenile Court. Stralka is expected to rule Oct. 16.

Rogers would not face any jail time if tried and convicted as a juvenile because, under 1977 law, juveniles were released on their 21st birthday.

Prosecutors allege Rogers and Hellstrom were smoking marijuana behind a church when Hellstrom made a sexual advance toward Rogers, who rebuffed him. Hellstrom, 17, made another advance and was stabbed seven times by the defendant, they say.

During closing arguments at a hearing Tuesday, Assistant State's Atty. Jim McCarter told Stralka that the violence of the crime would likely have led to adult criminal charges if Rogers had been caught at the time.

He said Rogers has drifted across the country, been arrested dozens of times for such offenses as drunken driving and shooting at a relative.Unlike most Juvenile Court cases, in which the judge has to try to determine whether a defendant can be rehabilitated, Rogers "has shown by his own actions that he has chosen to pursue a life [of crime]," McCarter said. "Unless you transfer him to Criminal Court, he will never be held accountable for the murder of Kenneth Hellstrom."

Hutt said Rogers has mental disabilities and has struggled with addictions since childhood. Despite his problems, Rogers always has worked and is not a violent man, Hutt said.

"The state is right—nothing is going to happen to him if he remains in Juvenile Court," Hutt said. "But to say he's not been held accountable? This man has been in jail for almost a year now."

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Expat Canuck · 10-03-2007, 04:47 AM

A bit of a tough call I guess, I think he needs a jail sentance at least for a bit otherwise he got away with murder.

dave lukins · 10-03-2007, 09:31 AM

Why wasn't he caught at the time?..Did he have the presence of mind to evade capture for 30yrs..I would have thought that alone would have taken an adult mind to work out.

A strange case indeed. The Devil you Do..the Devil you Don't. Glad I'm not the Judge

Trooth · 10-03-2007, 11:53 AM

No idea what sentencing flexibility is available but i would try him as a Juvenile and if convicted give him 6 years (less the one year he has been remanded being 5 more) that would take him to his "21st" birthday (where bizarrely he would have been automatically released - which i don't understand but then that was '77) and ostensibly all is sorted.

Army5339 · 10-03-2007, 12:03 PM

Just because you are a juvenile doesn't mean you are always charged as one. Certain crimes, especially murder, can cross into "adult" status. It is not like he stole some groceries.

crooks · 10-03-2007, 12:34 PM

He was a minor at the time, should be taken into account - also, smoked marijuana, was more than likely out of his proper mind.

It's was wrong, and very much a crime, but the circumstances should always be taken into account before the gallows creak.

sappersgt · 10-03-2007, 12:59 PM

Quote:

Originally Posted by dave lukins

Why wasn't he caught at the time?..Did he have the presence of mind to evade capture for 30yrs..I would have thought that alone would have taken an adult mind to work out.

A strange case indeed. The Devil you Do..the Devil you Don't. Glad I'm not the Judge

He didn't "evade" capture at all. Indeed he's been arrested on several occasions. They were probably waiting for the only witness that could alibi him to die.

glyn · 10-03-2007, 13:51 PM

Quote:

Originally Posted by crooks

It's was wrong, and very much a crime, but the circumstances should always be taken into account before the gallows creak.

What a lovely turn of phrase!

crooks · 10-03-2007, 14:28 PM

Quote:

Originally Posted by glyn

What a lovely turn of phrase!

Why thank you glyn

- If I recall correctly my mother told it to me when I was considerably younger, she had a million of them, though from where she heard that particular one I'm not aware - always liked it.

THL · 10-03-2007, 15:48 PM

I like Trooths idea of having him serve time that would have brought him to his 16th birthday had he been caught soon after the murder was committed. I am interested to find out why he had not been caught earlier and what led to him being caught now.

10-03-2007, 11:53 AM	#4 (permalink)
Trooth *Senior Contributor* Join Date: 11-23-03 Posts: 2,110 Country:	No idea what sentencing flexibility is available but i would try him as a Juvenile and if convicted give him 6 years (less the one year he has been remanded being 5 more) that would take him to his "21st" birthday (where bizarrely he would have been automatically released - which i don't understand but then that was '77) and ostensibly all is sorted. __________________ The world as it should be at surrealscoop.blogspot.com

10-03-2007, 12:34 PM	#6 (permalink)
crooks Croi an Dtír *Senior Contributor* Join Date: 10-17-06 Location: Blarney, County Cork, Ireland Posts: 1,339 Country:	He was a minor at the time, should be taken into account - also, smoked marijuana, was more than likely out of his proper mind. It's was wrong, and very much a crime, but the circumstances should always be taken into account before the gallows creak. __________________ 'I firmly believe that Ireland and history shall remember Michael Collins with reverence, pride and passion...and it shall be at my expense'- Eamon De Valera.

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10-03-2007, 04:47 AM	#2 (permalink)
Expat Canuck Homesick Fool *Military Professional* Join Date: 05-17-05 Location: Melbourne, Australia Posts: 1,020 Country:	A bit of a tough call I guess, I think he needs a jail sentance at least for a bit otherwise he got away with murder.

10-03-2007, 09:31 AM	#3 (permalink)
dave lukins *Military Professional* Join Date: 01-04-07 Location: cheshire uk Posts: 5,501 Country:	Why wasn't he caught at the time?..Did he have the presence of mind to evade capture for 30yrs..I would have thought that alone would have taken an adult mind to work out. A strange case indeed. The Devil you Do..the Devil you Don't. Glad I'm not the Judge

10-03-2007, 12:03 PM	#5 (permalink)
Army5339 *Military Professional* Join Date: 09-17-07 Location: Tampa, Florida Posts: 150 Country:	Just because you are a juvenile doesn't mean you are always charged as one. Certain crimes, especially murder, can cross into "adult" status. It is not like he stole some groceries.

10-03-2007, 15:48 PM	#10 (permalink)
THL *Senior Contributor* Join Date: 06-23-05 Location: 35 minutes outside Chicago (please don't refer to it as "Chi-Town"...that's annoying) Posts: 5,711 Country:	I like Trooths idea of having him serve time that would have brought him to his 16th birthday had he been caught soon after the murder was committed. I am interested to find out why he had not been caught earlier and what led to him being caught now.

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