consideration of a juvenile offense. He is a juvenile, and the Juvenile Code provides him with certain protections regarding the openness of the courtroom and openness of the (TR 1017) record that are not afforded to adult defendants and in light of the fact that we are making a consideration of evidence under the Juvenile Code, we would ask that it be heard in camera.
THE COURT: I'm going to grant that motion. You're going to have to clear the courtroom temporarily.
(WHEREUPON, THE FOLLOWING MATTERS WERE HELD IN CAMERA)
THE COURT: The reason I closed this hearing is that if I elected after hearing your proof to remove the case to Juvenile Court, even though this is a hearing in Circuit Court, that that evidence that would have been adduced would be made a public record more or less and their rights under any hearing by the Juvenile Court would therefore be abridged so I'm going to conduct the evidentiary portion of the hearing in camera. (TR 1018)
DIRECT EXAMINATION OF JERRY DRIVER BY MR. JOHN FOGLEMAN
My name is Jerry Driver. I'm the juvenile officer for Crittenden County. I have held that position for little over a year and a half. I brought with me the entire file related to Charles Jason Baldwin. I keep this filed in my office and under my supervision and control. The first offense that Mr. Baldwin had in Juvenile Court was a breaking and entering and criminal mischief and that was on January 13, 1990. It was
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Class C felony. (TR 1019) He was placed on probation and ordered to pay restitution. There's also a note in this that he was ordered to the Arkansas Boys Training School pending payment of restitution. Further along, there is a motion to rescind his probation because he had not paid his restitution. The next offense that we have on Mr. Baldwin is a shoplifting offense which occurred fifteen November of 1992. That was handled through a diversion agreement. In the diversion agreement the juvenile signs a statement acknowledging their commission of the offense. He did that in this case.
CROSS EXAMINATION OF JERRY DRIVER BY MR. PAUL N. FORD
THE COURT: Just for my notes, was Mr. Baldwin sixteen at the time of the alleged offense?
MR. FORD: Yes, sir. He's sixteen now.
THE COURT: What was his age at the time of the (TR 1020) offense? What is his date of birth?
MR. FORD: Four eleven seventy-seven, your Honor. He was sixteen at the time of the commission of the alleged offense.
MR. FOGLEMAN: Sixteen at the time of the alleged offense.
The date Mr. Baldwin executed the diversion agreement was January 22, 1993. The parent's signature is that of Gayle Grinnell. There was no attorney for Mr. Baldwin at that proceeding. No attorney signed that agreement for diversion along with Mr. Baldwin. He waived his right to be represented
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by counsel at any time prior to the entry of that diversionary agreement. (TR 1021)
BY MR. FORD:
Q. When a juvenile is subjected or made available for the diversionary program -- once he enters that diversionary program -- he is not adjudicated -
THE COURT: It is not an adjudication but it is a juvenile record and for the purposes of this hearing the Court is going to consider it.
MR. FORD: I understand that. I just want to make it clear that it is not an adjudication.
THE COURT: All right.
The charge of breaking and entering and criminal mischief (TR 1022) resulted in Jason being sentenced to the training school but that sentence was suspended and he was placed on probation provided he paid restitution and that in the event he failed to pay restitution he would be sent to the training school. Subsequent thereto there was a petition filed to revoke that probationary sentence by virtue of his failure to pay the restitution.I cannot testify to that directly because I wasn't there at the time. That is what the record indicates. He would have been he represented by counsel in court. (TR 1024)My records do not reflect who that attorney was. I do not have those records here.
THE COURT: Let me ask - in Crittenden County does the
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public defender not appear routinely at all juvenile hearings to represent a juvenile charged with a juvenile felony offense?
THE WITNESS: Yes, sir, he does.
THE COURT: And that is Mr. Montgomery or someone from his staff?
THE WITNESS: Yes, sir. (TR 1024)
THE COURT: All right.
I am not able to tell you whether he admitted his delinquency or whether he contested his delinquency. He was adjudicated a juvenile delinquent at that hearing in 1990.The record in here shows his probationary status was revoked. It says he violated the rules of his probation by failing to pay restitution by this Court on February 26, 1990. That was filed on February 21st, 1991. (TR 1025)There is nothing to indicate that he was ever given additional punishment available under the Juvenile Code. I take that back. In the same paperwork it says he was adjudicated and placed on further probation and in that probation order it said, "Ordered sent to the Boys Training School pending payment of restitution."
The record does not indicate that he was sent to the training school. (TR 1026)
TR PAGES 1027-1038 ARE NOT RELEVANT AND HAVE BEEN OMITTED
MR. FORD: Your Honor, I would like to state on the record that we have previously filed it was discussed at
