12-Year-Old Gingerich: I Didn't Understand My Rights

   A Kosciusko County boy accused of killing his friend's stepfather testified in court Tuesday.

   12-year-old Paul Gingerich's lawyers are trying to convince a judge to throw out statements Gingerich made to police when he was arrested. Gingerich says he didn't understand his rights when police arrested him in April, and his lawyers say that's against the law.

   “A juvenile should be allowed to give an opportunity to consult with a parent or guardian and discuss their rights under Miranda before they're questioned by the police,” said defense attorney William Cohen.

   Gingerich is charged with murdering Phillip Danner of Cromwell, Indiana, and then fleeing to Illinois with two other boys. After his arrest, Gingerich made statements to police in Illinois and Indiana. Prosecutors say Gingerich talked to his parents and understood his rights.

   But Cohen says that's not true.

   “The evidence in this case showed that there was no opportunity for the parents to discuss Miranda with their son before he was questioned,” said Cohen.

   Gingerich's lawyers want the judge to throw out statements Gingerich made to police. But prosecutors say the 12-year-old received all his rights and, with the help of his parents, decided to talk to police.

   “These are statements that he was present. His involvement and so forth is one thing that we believe a jury would ultimately perhaps find him not guilty,” said Cohen.

   Gingerich's lawyers say they plan to take the case to a jury.

   “Paul Gingerich is not guilty of murder,” said Cohen.

   No decision came down at Tuesday’s hearing. Judge Rex Reed says he's going to take some time before making a decision, although it's not clear when that decision will be made. 

   FOX Fort Wayne was unable to get a comment from the prosecutor following the hearing.