Duke working to protect client’s rights
Kelly Dame
The 15-year-old boy charged as an adult in connection with a fatal stabbing will endure the same court process as any adult charged with a felony, and that's why his defense attorney is doing the extra things he can to make sure the boy's rights are protected.
Attorney Dan Duke of Midland is representing Steven Jeffrey Pribbernow Jr., who faces one count of open murder and three counts of assault with the intent to commit murder. The preliminary hearing in the case - which is for a judge to decide if there is probable cause to believe a crime was committed and that it was committed by the defendant - was set for Tuesday in the Midland County District Court, but was canceled after Duke filed a motion requesting a forensic exam to determine if Pribbernow is competent not only to stand trial but to be held accountable for the crimes with which he is charged.
The forensic exam, conducted at the Center for Forensic Psychiatry, will postpone the case for 45 days, Duke said. A competency hearing is required to occur within 72 hours after the exam results are received by the court. The case can then be reset for a preliminary hearing.
Duke said Prosecutor Mike Carpenter agreed to allow him to have Pribbernow evaluated by an independent psychologist. Duke said he'll pay the cost of the exam himself and could be reimbursed by the court.
Carpenter said he's not disagreeing with the independent exam because it is another way to make sure the case is handled correctly.
"It might be more work for us in the long run, but we want to make sure the defendant is aware of all of his rights," Carpenter said.
The independent psychological exam is to determine if there were mitigating circumstances in the incident, if Pribbernow suffers from a mental illness, and "to explain his mindset," Duke said. That could provide enough information to enter into a plea agreement or warrant special sentencing considerations in the case.
If the case goes to trial, the results could mean the difference between convictions of first- or second-degree murder. Since Pribbernow is charged with open murder, jurors would have to decide which degree applies. Duke said manslaughter could be another option if he could get a jury instruction for it, based on what the intent in the stabbing was, but that relies on the psychological exams.
"I think the jury should be able to consider that," Duke said of the extra information, adding that due to court rules, he might not be allowed to present certain evidence at trial. "The point I want to get across is that we're doing everything for him that we can."
The stabbings occurred early in the morning on Aug. 4 at Pribbernow's home, 5180 W. McNally Road. Killed was his adoptive brother, Justin Steven Pribbernow, 17. Injured were his stepfather, Joshua Saylor, 32, and his adoptive brothers Kody Christopher Pribbernow, 13 1/2, and Kevin David Pribbernow, 15. Officials have declined to release details of what occurred in the home, as well as the motive.
Another facet to the case is a rule requiring the court to contact Pribbernow's adoptive parents, who are his legal representatives, before his arraignment. Notifications were made, but neither parent responded. Duke said he has not heard from them and that he does not expect to.
Pribbernow's family includes a divorce and a second marriage, as well as two separate adoptions. He came from Genesee County and was adopted first, then several years later, his adopted parents added four more brothers to their family. Of that set of four adopted boys, the two youngest were injured in the stabbing, and the second-oldest was killed. Also living in the home are the three biological children of the adoptive mother, and her second husband.
Pribbernow is being held in the Midland County Jail, separate from other inmates, after a judge agreed with Carpenter that the boy presents a risk to other youngsters at the county's juvenile detention center. A social worker will be seeing him at least weekly, Duke said.
The felony charges against Pribbernow are punishable by up to life in prison. In deciding to charge the boy as an adult, Carpenter said he's using information about the case that is not open to the public until it is presented at the preliminary hearing, trial or even sentencing phase. Part of the reason behind keeping information out of the public eye is to avoid swaying a potential jury.
"I need to make sure he's held accountable but I also have to make sure the system works," Carpenter said.