LITCHFIELD — A 17-year-old Torrington youth accused of robbing a Cumberland Farms at gunpoint retained the benefits of a juvenile defendant Tuesday in Litchfield Superior Court even though he is legally emancipated.
Deja Paschal's name was released by Torrington police following his arrest July 9, but his case remained sealed when he appeared before Judge James P. Ginocchio in a closed courtroom to discuss his case Tuesday. As a youthful offender, his name did not appear on the adult docket.
Changes made in 2010 to state statutes regarding juveniles specifically state they are to be treated as an adult once they gain the rights and privileges of an adult. Paschal was legally emancipation by court order last November, meaning he was specifically excluded from the benefits of privacy and leniency afforded by Juvenile Court.
The definition of juvenile was expanded July 1 to include teens under the age of 18. No such clarification regarding emancipation was made for youthful offenders, a classification given to juveniles after they are transferred from Juvenile Court to Superior Court where adult cases are heard, but before a prosecutor moves them to the adult docket.
"The statute is unclear," said Deborah Fuller, director of external affairs for the state's judicial system who helped write the emancipation clause after legislators called for it. "There is no direction in the youthful offender statute regarding emancipation."
Ginocchio, prosecutors and public defenders declined to comment about Tuesday's closed hearing, or a previous hearing in Bantam Superior Court ordered closed by Judge Richard M. Marano shortly after Paschal's arrest.
"The judge is being cautious," Fuller speculated, "because it's not black and white."
Marano granted Public Defender James Longwell's request to close the arraignment hearing, keeping informatiom about Paschal's past and details about the allegations against him from the public. He rejected Supervisory State's Attorney Devin T. Stilson's request to open the hearing.
Paschal is accused of robbing the convenience store at 1439 New Litchfield St. with a pellet gun. He was charged with first-degree robbery, sixth-degree larceny and carrying a dangerous weapon, and ordered held on $50,000 bond. The cash he is accused of taking is still missing.
Prosecutors have the privilege of moving juveniles accused of the most serious crimes to adult dockets where they face harsher penalties than juveniles prosecuted entirely in private.
Juveniles can only be declared legally emancipated after they file an application with a Juvenile Court.
No further information was available about Paschal's case, or a continuance date.
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