John Odgren’s Trial to Begin Sept 15

Over a year ago on January 19, 2007, 16-year-old special education student, John Odgren, was charged with killing a 15-year-old classmate, James Alenson, by stabbing him in a restroom at Lincoln-Sudbury Regional High School in Massachusetts. The New England News reports that Odgren’s attorney, Jonathan Shapiro, sought to have Odgren’s murder charge thrown out today, arguing that prosecutors improperly told the grand jury that Odgren’s diagnosis of Asperger’s Syndrome should not be considered:

…Shapiro, said Thursday that Assistant District Attorney Daniel Bennett presented evidence of Odgren’s mental health diagnoses to the grand jury, but in response to questions from jurors told them they should not consider Odgren’s past diagnoses or his status as a special needs student when deciding what charges, if any, Odgren should face.

Shapiro said he believed the grand jury might have indicted Odgren on a lesser charge — either second-degree murder or manslaughter — if it had been given more information about Asperger’s Syndrome and its potential impact on Odgren’s ability to plan a murder.

Under state law, one definition of first-degree murder includes deliberate premeditation, or planning, while second-degree murder and manslaughter lack premeditation.

“Aspects of Asperger’s Syndrome interfere with executive function — the ability to plan, the ability to premeditate,” Shapiro said.

Bennett said he told the grand jury not to consider Odgren’s disabilities or his past episodes of violence in an effort to be fair to the 17-year-old.

“We presented the evidence to the grand jury in an effort to protect the defendant from unfair prejudice,” Bennett said.

Judge Isaac Borenstein did not immediately issue a ruling on the defense request.

Odgren’s trial is to set to begin on September 15. Some earlier responses—some very emotional—to this tragedy can be read here and more on the case can be read in the Boston Herald.