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News Story

India could delay South Fayette
teen's murder trial for year

The
Pittsburgh Tribune-Review  August 17, 2010

By Bill Vidonic and Margaret Harding, The Pittsburgh Tribune-Review

Aug. 17--A South Fayette teenager accused of killing his mother in
India could remain in custody for at least a year before facing trial,
lawyers familiar with Indian law said yesterday.

Authorities arrested Joncarlo Patton, 15, on suspicion of killing his
mother and placed him in a juvenile detention center, saying he tried to
flee India. The body of Patton's mother, Cindy Iannarelli, 51, of Cecil
was found Thursday with her throat slit at a resort in the historic town
of Osian in Rajasthan state.

Under Indian law, Patton can be held in custody without being
immediately charged. Jayanth K. Krishnan, a law professor at Indiana
University-Bloomington's Maurer School of Law, said police typically have
90 days from the time of an arrest to file a formal "charge sheet" with
prosecutors, who then will decide whether the case should proceed to
trial.

A chief magistrate ordered Patton to appear for a hearing, but whether
that hearing occurred was unclear. Indian authorities did not return phone
calls or e-mails yesterday.

According to New Delhi attorney Anurag Kumar, the hearing would be for
prosecutors to argue that they have evidence to keep Patton in custody
while they continue their investigation. Kumar is not involved in the
case.

In the country of nearly 1.2 billion people, according to Pittsburgh
attorney Piyush Seth, the Indian court system is woefully understaffed,
causing significant delays in some cases.

"The United States court system is backlogged. Multiply the population
by four, and decrease the amount of resources by 10," Seth said.

During questioning, Patton told police that he was traumatized by his
parents' divorce and wanted them to reconcile, police Superintendent
Girdharilal Sharma said, according to the Deccan Herald newspaper in
Bangalor.

Patton also told police that he had a heated argument with his mother
Thursday night and killed her, according to Sharma.

Once police finish their investigation, they could file charges, Kumar
said. After that, police would have to frame, or outline, the charges
against Patton, similar to a preliminary hearing in the United States.

Because he is younger than 18, Patton would have a right to a trial
before a juvenile justice board, according to Indian law.

Kumar said that like in the United States, Patton is presumed innocent
until proven guilty. He might be eligible for bail at some point,
depending on the circumstances of the case, Kumar said.

In India, juveniles are eligible for the death penalty, he added. In
the United States, defendants younger than 18 are not eligible for capital
punishment.

In India, death verdicts are carried out by hanging; Kumar said the
death penalty is extremely rare in juvenile cases.

As family and friends awaited more information, they expressed
disbelief that Patton could have harmed his mother.

"This kid does not have this in him," said family friend Terri Berceli.
Patton has been a model for her agency, TB Talent, for the past two years,
she said.

"He may have fought with his mother, but he is not evil," Berceli said.
"What (the killer) did to her was evil, and he's not evil. He's a nice
kid. I know this has to be something that went awry there, and they're
using Joncarlo as a scapegoat."

A Facebook group, "Joncarlo Patton -- He's still Joncarlo and we love
him," is filled with photos and messages of support from people who know
the family. It had more than 220 members yesterday, with many saying
they're praying for him to return to the United States.

Sharma told The Associated Press that Iannarelli's body was being
returned to the United States.

U.S. State Department spokesman Darby Holladay said consular officers
in New Delhi are working with Indian authorities to investigate the case.

"Out of respect for the family, we are unable to provide further
information about the case at this time," Holladay said.

Patton's father, George R. Patton, declined comment.

-----

To see more of The Pittsburgh Tribune-Review or to subscribe to the
newspaper, go to http://www.pittsburghlive.com/x/pittsburghtrib/.

Copyright (c) 2010, The Pittsburgh Tribune-Review

Distributed by McClatchy-Tribune Information Services.

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