MURDERED: 8 yr old Leila Fowler - 12 yr old brother charged

[HairOfTheDog]

People Magazine Article 6/4/2013

Snipped:

"Our view of the case hasn't changed, from when we got in," one of his Sacramento-based attorneys, Mark Reichel, told reporters after the proceeding. "We got in believing our client is innocent and as we stand here today, that's what we believe."

While in jail, the boy is "holding up okay under the circumstances," Reichel tells PEOPLE. "It's not ideal. He'd much rather be home with his family."

The next hearing isn't until July 31, when his attorneys will seek a trial date. How long the child will remain in Juvenile Hall without bond depends on both legal and personal factors.

In the meantime, his father, who retained the attorneys, goes to Placerville, a historic gold country community, to see his son during the regular twice-weekly visitation sessions.

"The family is in a state of flux," says his other attorney, Steven Plesser. "They were moving away when this happened. It really has caused quite a lot of chaos in their life. A stable residence for him to be released to isn't really available."

According to court records, the boy's family had financial troubles – his father Barney Fowler, 37, had at least seven children born to four mothers, with five of the children living in the house at the time of Leila's killing, The Record of Stockton reports.

Records also show a dispute over visitation and child support between Barney Fowler and the mother of Leila and her brother; the mother does not live with them, The Record reports.

Leila and her brother were in the rental home on a Saturday in April while the adults were at a Little League game when Leila was stabbed multiple times. The boy told police that he had discovered his mortally wounded sister and then described the possible killer as a muscular white or Hispanic man with long, gray hair.

Full story here:
http://www.people.com/people/article/0,,...55,00.html
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I don't know if they're working bro bono or partially so, but coverage in a national magazine can be a prime motivator for some attorneys to offer such services in high profile cases.

Nothing new in the article, but some confirmations/reiterations of what's been tossed around in this thread.

P.s. I would sure like to know the scoop behind the neighbor who initially gave police a false witness report of an intruder who matched Isaiah's intruder description. Anyone seen any more about that?

[Cheyne]

I doubt the finacee/stepmom would want Isaiah home with his younger siblings. I believe that Isaiah will be in state custody through his "trial".

The lawyers putting the spin of "The family is in a state of flux," "They were moving away when this happened. It really has caused quite a lot of chaos in their life. A stable residence for him to be released to isn't really available." is a nicer way of saying, "There is no way in Hell that the family wants him living with them so he can murder another kid..."

[lady love]

Has anyone heard anything new about what is going on or what is happening?

[HairOfTheDog]

Not a peep, lady love.

Isaiah is scheduled to be in court on Wednesday, ⁷⁄₃₁ for a hearing to schedule his trial date.

Maybe we'll get some more information about where his defense is headed at that time.

P.s. Following the case of another minor here in CA who allegedly murdered his brother by reportedly bashing the boy's head with a rock. Terry Dewayne Smith Jr. was found buried in a shallow grave behind his family's home and police have charged his 16 year old brother Skylor Atliano with the murder.

Another case where the two were left home alone, the older sibling lied to police, there were extensive searches throughout the area in which the accused killer participated... Sad case. Waiting to see if he gets charged as an adult.

[HairOfTheDog]

Isaiah Fowler was in court today.

Update from the local FOX 40:

It will be mid-September before Isaiah Fowler is in court again.

Fowler, accused of killing his 8-year-old sister, Leila, appeared in Calaveras County Court Wednesday.

Each side says they will continue to sift through evidence until September 18.

Fowler’s defense says Leila’s killer is still out there and has yet to be caught.

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Looks like his attorneys will be going for the typical SODDI defense (Some Other Dude Did It).

[HairOfTheDog]

Isaiah Fowler will be back in court at 1:15 p.m. Wednesday, Sept. 18, in Department 1 of the Calaveras County Superior Court.

A trial date is expected to be set at the hearing. Both sets of attorneys claim they hope to go to trial before the end of 2013.

Last month, Isaiah's father, Barney Fowler, spoke to the local media. He says he believes his son is innocent.


Isaiah Fowler at a vigil for Leila; days prior to his arrest on charges that he stabbed her to death.

Snip:

“I saw (my son’s) demeanor. I saw the two weeks after that. I don’t think he did it,” Barney Fowler said.

“I went in and carried my daughter’s body out and was going to take her to the hospital because I felt she was still alive,” Fowler told KCRA. Fighting back tears, he said he did not wish to go into the details of that moment.

“Nobody can begin to grasp what we’re going through,” Fowler said. “… We couldn’t even deal with the fact that she’s gone, we had to jump into defending Isaiah.”

“Sad thing is a lot of people who were great and kind to us kind of turned their backs on us (after Isaiah's arrest)” Fowler said. “… Our kids are, even Crystal, they’re scared to death to be alone or even go anywhere by themselves.”

“What kind of parents would we be if we curled into a ball and gave up? Because trust me, there are days that you don’t want to get up, there are days that you don’t want to go on, but we have to do it for our other kids,” (Crystal) Walters said.

As the family tries to make sense of what happened earlier this year, Fowler and Walters hope their speaking out will yield the sense of compassion they encountered early on.

“The community wants answers. We want answers,” she said. “We can’t let anybody know what happened in that house that day. We don’t know the answers to those questions and we’re the parents.”

http://www.calaverasenterprise.com/news/...963f4.html

[HairOfTheDog]

Well, so much for wanting a trial in 2013.

The hearing to set the trial date was set back on request of the defense, with agreement by the prosecution.

The attorneys will be back in court to set a trial date on Wednesday, Nov. 13^th.

Even if both sides are ready then, I don't think the trial will be scheduled over the holidays.

In the meantime, Isaiah's not going anywhere and remains in juvenile detention.

Source:
http://www.calaverasenterprise.com/news/...963f4.html

[HairOfTheDog]

Here's another one. The kid is now twelve. He was ten when he murdered his father.

12-year-old guilty of murder: Jeffrey Hall, Riverside neo-Nazi leader, killed by son, judge says

http://www.wptv.com/dpp/news/national/12...z2UoeXAZSu

After months of legal arguments regarding the appropriate incarceration for this now 13 year-old kid (who's reportedly still violent and suffered a lot of abuse at the hands of the father he executed when he was 10), the judge sentenced him to a state juvenile detention facility. He will be eligible for parole after 7 years.

The defense lobbied to have him placed in a treatment center instead, but the centers weren't secured and the kid has reportedly attacked female teachers and started fights with other kids.

I really hope the detention facility to which the boy's assigned has some top notch therapists and can make some headway with him - he's gotta be released, by law, when he's 23.

Ref:
http://www.huffingtonpost.com/2013/11/01...ref=topbar

[HairOfTheDog]

ISAIAH FOWLER - TRIAL DATE SET FOR MARCH 2014

13-year-old Fowler has pleaded "not guilty" to the second degree murder of his 8-year-old sister Leila.

The trial starts at 9 a.m. Wednesday, March 5, in Department 3 of the new courthouse opening later this month in San Andreas, CA. The court proceedings are open to the public, but there is limited space and no cameras or recording devices are allowed in the courtroom.

Isaiah was taken into custody May 11 on suspicion of murder by the Sheriff’s Office after a two-week investigation. He has been held at the juvenile detention facility in Placerville in El Dorado County since that time.

Shortly after his arrest, Isiah’s father, Barney Fowler, proclaimed his son’s innocence. “I saw (my son’s) demeanor. I saw the two weeks after that. I don’t think he did it.”

His defense team told Judge Martin it would likely need five days of testimony to present its side of the case, while Calaveras County District Attorney Barbara Yook anticipated about nine days of testimony for the prosecution. In all, the trial is likely to last around three weeks.

Tomorrow (Dec 4) the attorneys are scheduled to meet to schedule dates for motions. Hopefully, the trial judge can be confirmed at that time as well.

Those motions to be heard before trial will likely involve requests to strike evidence or exclude evidence and whether certain experts can testify.

Defense Attorney, Reichel, also confirmed that the defense team “still (has) a whole list of suspects” it’s looking into as part of its case.

[HairOfTheDog]

New Trial Date - WED, MARCH 19^TH, 2014

At pre-trail hearing, the Attorney for 13-year-old Isaiah Fowler asked that the March 5^th trial date be pushed back (again).

Defense attorney Mark Reichel cited a scheduling conflict and the fact that his office is still gathering evidence in the case. The Judge allowed the date change and Fowler's murder trial is now set for March 19^th. Calaveras County District Attorney's office says the hearing could take three weeks.

Leila Fowler was murdered inside their Valley Springs area home on April 27^th, and the autopsy revealed that she died from multiple stab wounds. Her 12 year-old brother Isaiah was home alone with her at the time and claimed an intruder had killed his sister. Police arrested Isaiah in May; he's charged as a juvenile with murder.

Last I saw, the children's dad, Barney Fowler, was supporting his son's claims of innocence in the murder of his daughter. If there's been any change in Isaiah's pleading (he pleaded "not guilty"), I've not seen anything. Doesn't look like a psych defense is on the agenda -- looks like a "some other dude did it" defense is the plan.

Again, it's a juvenile proceeding, so information is harder to come by. There will be no cameras allowed in the court, but it's open to the public, so hopefully a solid local reporter will be on the case when the trial starts in just under 3 weeks.

I think about Leila often.

[HairOfTheDog]

TRIAL DELAYED AGAIN

The new trial date is set for August 12^th, but the Calaveras County District Attorney's Office says it could be moved up if the judge's conflicting court schedule is worked out. Also, evidence test results from the lab have not been completed yet. A pre-trial hearing is set for May 6.

http://www.mymotherlode.com/news/local/2...Again.html

[HairOfTheDog]

16 MONTHS LATER

Like most juvenile cases, it's difficult to find any updates on this case. I'm very interested in this one.

Here's the latest available:

1. The attorney for now 13 year-old Isaiah Fowler filed a motion to have his statements made to detectives barred from trial. Prosecutors claimed that the statements should be allowed because police were interviewing Isaiah Fowler as a witness initially. When they spoke to him as a suspect, his father was present.

The judge denied the defense's request to suppress the boy's statements; they will be allowed at trial.

2. AFAIK, the defense is sticking with a straight "not guilty" plea and employing the "some other dude did it" strategy. The Fowlers are standing by Isaiah and he has not confessed.

3. Delays in obtaining blood and DNA samples from the Calaveras County District Attorney’s office left defense experts with too little time to conduct their independent tests and present the results in time for the scheduled trial date of August 12, 2014. Therefore the court ruled that the trial date will be pushed back to September 22, 2014.

Ref: http://johnkennedyinvestigations.wordpre...nce-again/

[HairOfTheDog]

The trial was postponed, AGAIN.

Snip:
September 22, 2014 was supposed to be the start of the Leila Fowler murder trial. Instead of a Calaveras County Superior Court Judge hearing opening statements in the case, he set October 6, 2014 as the date for a hearing to set a new trial date. Testing by defense experts of the blood and DNA samples that the prosecution held for 14 months could not be fully completed in the two months the defense had access to them.

Today’s (Sept 22) hearing was punctuated by a confrontation between friends of the Fowler family and an individual who has repeatedly hurled accusations at the family from the safety of the internet and from positions in the crowds that appeared at the earlier hearings.

https://johnkennedyinvestigations.wordpr...ah-fowler/

[HairOfTheDog]

Will there ever be justice for Leila?



It will be over two years since Leila's brutal murder before her brother goes to trial. The trial was pushed back yet again and is now set for May.

Steve Plesser, a criminal defense attorney in Sacramento, told 48 Hours' Crimesider Wednesday that forensic testing in the case is ongoing and therefore the boy's trial will be pushed back from Feb. 23 to May 18.

Plesser says he and the boy's other defense attorney, Mark Reichel, plan to return to court in two weeks to argue that the boy should be released pending trial. (HOTD: I guess the family has settled down somewhere and is prepared to take Isaiah into their new home with their small children -- they haven't asked for his release previously.)

"We don't think there was enough evidence to arrest him at the time he was arrested," Plesser told Crimesider. "It's been two years and we think the case from a forensic point of view has gotten significantly better for him."

He has pleaded not guilty and his mother, father and stepmother have said they believe the boy is innocent and had no motive to harm his sister. The boy initially told police that he found his sister's body and encountered an intruder - who he described as a tall man with long gray hair - fleeing the family's Valley Springs home on April 27, 2013. The children were home alone at the time.

A neighbor corroborated the boy's version of events by telling police she saw a man matching that description running from the girl's home the day of the murder. However, according to police, she later recanted her statement.

In the days after the murder, authorities probed a possible link between Leila's killing and the attempted kidnapping of a toddler in Placerville, about 45 miles away. Jason Wryrynen, 44, allegedly broke into an apartment there and tried to kidnap a 15-month-old girl. The mother was able to wrestle her daughter away and struggled with Wryrynen until authorities arrived.

Placerville Police Captain Mike Scott said at the time that there were some similarities between Wryrynen and the description of the suspect in Leila's murder. Officials later said they determined it was unlikely there was a connection between the two crimes and just days later, Leila's brother was arrested.

The boy's attorney, Steve Plesser, declined to say Wednesday whether he plans on pointing the finger at Wryrynen when his client goes to trial. (HOTD: you bet the defense attorneys are gonna point the finger at Wryrynen, along with unidentified stranger possibilities -- standard defense strategy).

http://www.cbsnews.com/news/attorney-phy...rs-murder/

[HairOfTheDog]

Does the Prosecution Have a Solid Case Against Isaiah Fowler?

I'm anxious to hear the prosecutors' evidence. According to the defense attorneys, the evidence (or lack thereof) points away from Leila's brother as the killer; the defense contends that an intruder, not her brother, stabbed Leila Fowler to death.

On that premise, the Defense has filed a motion for Isaiah to be released after almost two years in custody; his trial is scheduled for May 18^th.

Background:
The boy told the 911 dispatcher he was in the bathroom when he heard an unknown male's voice in the house and then heard his sister being attacked in her room across the hall, according to the motion. The boy said he opened the bathroom door and was able to gain a limited view of the intruder, who he said hit Leila very hard before fleeing, leaving her for dead. The brutal crime sparked a manhunt for the killer that spanned days and even drew the attention of the FBI. Eventually, authorities zeroed in on Leila's brother and made an arrest.

The Defense's Arguments Pointing Away from Leila's Brother:
1. The autopsy conducted in the case found that Leila died after being "stabbed and slashed by a knife-like weapon more than twenty times." Prosecutors have suggested a serrated knife found in the kitchen of the home is the murder weapon, but the motion filed by the defense says the coroner who performed the autopsy excluded the knife, as well as all knives shown to him from the home, as having been capable of being the murder weapon.

2. There was no blood on the boy or his clothing, except for a small stain on the rear of his shirt, and no blood visible on the knife believed by the prosecution to be the murder weapon, thus suggesting a clean-up took place that was far beyond the capability of the then 12-year-old boy.

3. Law enforcement collected all drains and traps from sinks, showers and tubs in the residence and found no evidence of the victim's blood or any evidence that cleaning products had recently been used on the items or the plumbing in the home.

4. An unknown male's DNA was found on a hair on the victim's body. The Defense calls this "powerful new evidence that there was an intruder in the house" and say it is therefore "fundamentally wrong to continue to detain [the boy] ... while the prosecution struggles to salvage a floundering case against him."

A hearing in the case is scheduled for Friday, where the boy's attorney is expected to make further arguments for his release.

Story: http://www.cbsnews.com/news/attorney-evi...la-fowler/

[HairOfTheDog]

The judge declined defense attorneys' motion to release Isaiah Fowler until trial.

He remains in a juvenile detention center; the trial is scheduled to begin on May 18^th.

http://www.kcra.com/news/local-news/news...e/31386210

[HairOfTheDog]

Trial Delayed Again -- Now set for August 2015


Prosecutors contend that 8-year-old Leila Fowler was stabbed to death by her then 12-year-old brother Isaiah Fowler. The Defense claims an intruder did it and the parents are supporting their accused son.

The trial is now scheduled to start Aug. 5, said Steve Plesser, Isiah’s defense attorney. It is at least the fourth trial date set for the court trial in which a judge will hear the evidence and decide whether the boy is guilty.

Isiah, now 14, was just 12 when his 8-year-old sister Leila was found stabbed to death in their Valley Springs home on April 27, 2013. Two weeks later, Isiah was arrested on suspicion of being her killer.

Defense attorneys have said that much of the evidence is items found in the house, such as clothing, and samples of human genetic material including some found on Leila Fowler’s body.

The defense has claimed that some of that genetic material proves that someone who was not a member of the Fowler family was in the house the day of the killing.

Prosecutors have declined to grant media interviews but have said in court that they disagree with defense claims that the physical evidence clears Isiah.

[HairOfTheDog]

TRIAL UNDERWAY


Murder victim: 8-year-old Leila Fowler

Yesterday, attorneys for a Valley Springs teen accused of murdering his younger sister requested the case be dismissed, arguing the people’s case hinges on circumstantial evidence that withers in the presence of reasonable doubt.

“The prosecution’s case requires a lot of assumptions,” said attorney Steve Plesser. “There’s active reasonable doubt here. We expect forensic evidence to paint a clean picture with clear answers and it doesn’t. The burden of proof is on them (the prosecution).”

Assigned Judge Thomas Smith denied the motion and said the defense will need to make its case before he offers a ruling.

The prosecution rested its week-long case on Friday. Members of Leila's family left the court room when pictures of the crime scene were shown. Leila was stabbed 20 times when home alone with her older brother, the accused Isiah Fowler.

Isiah Fowler told his parents and police that an intruder with long gray hair stabbed Leila and fled.

Prosecutors argued that it was actually Isiah Fowler who slashed, prodded and stabbed his 8-year-old sister more than 20 times back in April 2013. He was 12 at the time and has been incarcerated in a juvenile facility since his arrest two weeks after the killing.

Isiah’s attorneys claim there is little physical evidence against their client. They also say that law enforcement’s repeated use of coercive interviews and the fact there is no evidence of a cleanup undermines the entire prosecution.

Prosecutors counter that neighbors don’t corroborate Isiah’s account of the attack, which revolves around an unknown intruder assaulting Leila and escaping.

[HairOfTheDog]

THE MURDER WEAPON / EVIDENCE

A serrated steak knife with a bent blade and damaged point seized from the Fowler home has traces of Leila’s blood under the handle. Officials insist it is a murder weapon and the accused simply washed away everything but microscopic trace elements.

“There are only two people who know what happened that day and the one version we’ve heard here doesn’t add up,” said Calaveras County Deputy District Attorney Dana Pfeil.

Prosecutors maintain the murder weapon is a 3.5-inch J.A. Henckels steak knife bearing traces of Leila’s blood. The serrated knife is one of dozens seized from the Fowlers’ kitchen after the slaying. The blade has a noticeable bend and microscopic images show damage to the point. The combination of factors clearly makes this the murder weapon, according to the prosecution.

Dr. Robert Lawrence said the child’s wounds were consistent with such a knife. He testified the blade is most likely 3.5 inches based on the depth of the deepest wound.

Libby Schreiber, a senior criminalist with the California Department of Justice, dissected the knife and found blood traces beneath the composite handle. Gordon Wincott, a criminalist and DNA expert for the prosecution, testified it is Leila’s.

[HairOfTheDog]

THE DEFENSE

The defense concedes Leila’s blood is on the knife, but argues that hardly puts the weapon in Isiah’s hands. They contend DNA evidence pinpoints whom genetic material belongs to but doesn’t inform when or how it arrived there. The Defense argues that an intruder killed Leila.

The defense suggests the knife would simply need to be around blood to absorb it in such a fashion and doesn’t prove it’s the weapon.

The defense argues law enforcement misrepresented forensic evidence against the then 12-year-old Isiah and used coercive methods in hopes of extracting a confession.


The defendant, Isiah Fowler (^pictured at Leila's vigil with their father, before his arrest) faces a second-degree murder charge.

If found guilty, he would be incarcerated until age 23. Since he's being tried as a juvenile, that's the longest sentence possible in California.

There’s no jury since the defendant is a juvenile, so Smith will render a verdict after the defense rests its case.

http://www.calaverasenterprise.com/news/...1074b.html