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Judge Upholds Gag Order In Dad-Slaying

Boy, 8, Accused Of Shooting Is 'Scared Little Kid,' Attorney Says

POSTED: 8:12 am MST November 10, 2008
UPDATED: 4:27 pm MST November 10, 2008

A judge has upheld a gag order in the case of an 8-year-old boy accused of killing his father and another man.

The ruling came after the judge heard arguments from First Amendment attorneys during a 45-minute hearing Monday afternoon.

The judge also ordered the accused shooter to undergo a psychological evaluation at the end of the month.

Defense attorneys have been granted access to the crime scene and plan to visit the home on Wednesday.

Defense attorney Ron Wood said the order prevents police and attorneys from speaking publicly about the case.

St. Johns resident Vincent Romero and 39-year-old Tim Romans, who was renting a room at the house, were found dead Wednesday afternoon in Romero's home.

Less than 24 hours later, police announced they had solved the case, saying Romero's 8-year-old son confessed to shooting and killing the two men with a .22-caliber gun.

"We solved the crime," St. Johns Police Chief Roy Melnick said. "Now we have to solve the mystery of why."

On NBC's "Today" show Monday morning, Melnick said, "There's no record of any problems in school, no reported abuse."

Wood echoed Melnick's assertion that the boy does not appear to have been abused.

"At this point in time, we haven't seen anything indicating abuse," Wood said. "We haven't heard of anything; we're not aware of anything."

Brewer, who is the boy's other defense attorney, said the case will not be a slam-dunk for the prosecution.

"Their evidence is very minimal," Brewer said. "There was overreaching with police with regard to their contact with him ... I think there's a very good likelihood that there could have been improper interview techniques done."

Brewer also said the prosecution is "just guessing at this time" with regards to any physical evidence.

The boy will appear in court today, and his public defenders said they plan to file a motion to request experts to help with the investigation.

They said they will also ask for crime scene access.

Wood said the attorneys are treating the boy's case "like any other first-degree murder case."

"Our position is that our responsibility -- our duty -- is to take care of (him), whatever the allegations," Wood said. "He is an 8-year-old boy; he is a third-grader ... He's frightened."

Brewer agreed.

"It's evident that he's shaken up, and he's scared," he said. "He played football … he liked soccer. He was yanked out of the comfortable situation, a situation he knew about, and put into a situation that he has no knowledge about. He's hurting.

"He's a scared little kid."

Additionally, the attorneys said nobody has stepped forward to take custody of the boy.

"We've got an 8 year-old client who is sitting in a detention facility who needs someone to take him home, and we haven't found that person," Wood said. "The stepmother didn't want to take custody of him. His mother hasn't taken custody of him.

"At this point in time, no one has come forward and indicated they're willing to take (him)."

Also on Monday, more than 600 mourners gathered at funeral services to remember Romero.

According to people at the funeral, which lasted about an hour and a half, community members remembered how much Romero loved his son.

Attendees said very little about the boy, except that the whole situation was "shocking."

Funeral services for Romans, who is from San Carlos, Ariz., are scheduled for Saturday at 10 a.m. in San Carlos. A wake will be held Friday at 3 p.m.

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