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1:51 pm EDT Thursday, Sep 2, 2010

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

THE PITTSBURGH
TRIBUNE-REVIEW | BILL VIDONIC AND MARGARET HARDING | Tue, Aug 17, 10:16
AM

Tweet

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. For more information about the content services offered by
McClatchy-Tribune Information Services (MCT), visit www.mctinfoservices.com,
e-mail [email-masked], or call 866-280-5210 (outside the United
States, call +1 312-222-4544).

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