Judge rules Silvonek to be tried as an adult
Jamie Lynn Silvonek, 14, will stand trial as an adult for the March killing of her mother, Cheryl Silvonek, in the driveway of their Upper Macungie Township home.
Cheryl Silvonek is a native of Jim Thorpe.Since being charged with plotting with her then 20-year-old boyfriend Caleb Barnes to kill her mother, Silvonek has been held as an adult in Lehigh County Prison.Her defense attorney, John Waldron, filed a request to transfer the case to juvenile court, which Lehigh County Judge Maria Dantos denied last week in a 37-page opinion."This court finds the defendant has not borne the heavy burden placed upon her to prove transfer to the juvenile system would serve the public interest," she wrote.Dr. Frank Dattilio, clinical and forensic psychologist, and Dr. Steven Berkowitz, an expert in child and adolescent psychiatry, testified on Silvonek's behalf.Berkowitz pointed to the underdeveloped adolescent brain and its effects on poor judgment and impulsivity. He also described Silvonek as having a "nonverbal learning disability."Dantos rejected both of the experts' testimony. "This court finds the foundation is faulty on which Dr. Dattilio based his report and opinion," Dantos said, and pointed to "deficiencies" and "flaws" in Berkowitz's opinion.Dantos said the impact on the victim was devastating."It is unimaginable what the victim had to endure during the last 20 minutes of her life," Dantos wrote.The community, too, was "impacted by this vicious and monstrous crime … their safe environment has been breached and violated," Dantos wrote.Dantos said Silvonek was "a willing and active participant in the murder of her mother."The defendant was integral to the success of the criminal plan, as she was the genesis of the idea and provided the opportunity."Family preparedFinally, Dantos addressed the threat to public safety."It is conceivable a person who is capable of killing her own mother potentially could kill anyone," Dantos wrote.Waldron said he had prepared Silvonek and her family that he felt Dantos would likely deny the petition."Obviously, this (decertification) was a big part of the case," Waldron said. "The way I was viewing it, I had Jamie and her family prepared that I did not feel decertification would be granted. They are not happy, but they were prepared."Pretrial motions included suppression of statements made by the defendants during interrogation, and change of venue from Lehigh County, both of which were denied.The prosecution agreed to separate trials for Silvonek and Barnes.A motion for severance had previously been denied by the court, but on Nov. 19 Dantos granted Silvonek and Barnes be tried separately."That is one positive thing that came out of this," said Waldron, who said a joint trial would have been detrimental to his client's case.Waldron said he plans to continue to review the discovery as he prepares for a status hearing on Dec. 18 and his client's upcoming trial.With regard to the experts he presented during the decertification hearing, Waldron said their testimony is still of value."She had just turned 14 years old," he said. "That still is of very much importance."If convicted of first-degree murder, Silvonek could face a sentence of 25 years to life.If she would have been tried as a juvenile, she could have been released even before her 21st birthday."The juvenile system is inadequate to supervise, treat or rehabilitate the defendant," Dantos said. "In contrast, within the adult system, a state correctional institution is available to the defendant that would suit her needs."