Lawyers: Don't Release Child's Statement

DAYTONA BEACH, Fla. - A prosecutor and the attorney for a 10-year-old boy who pleaded no contest to beating a homeless veteran asked a judge Tuesday to reject requests to release a taped statement from the boy.

The boy's mental health is at stake and his ability to testify against his co-defendants may be jeopardized if the statement is released, said the child's lawyer, Jonathon Glugover.

"He was already reluctant to give the deposition," Glugover said. "We know he's going to be testifying against his friends. He's already shown a problem with that."

Prosecutor Dustin Havens said the tape's release would go against the child's welfare, which is the basis of the juvenile justice system.

"It is in the best interest of the child (not to make the statement public) and that interest out weighs the public's right to know," he said.

The boy, along with another 10-year-old and a 17-year-old, smashed John D'Amico's face with a chunk of concrete in an unprovoked beating on March 27, authorities said.

Prosecutors say the boys ganged up on D'Amico, 58, and beat and stoned him as he and a friend walked through a crime-ridden neighborhood in Daytona Beach. D'Amico required reconstructive surgery on his face and spent days in a hospital.

Havens said the release of the 10-year-old's deposition could make it more difficult to find an impartial jury to try the 17-year-old, Jeremy Woods, if his case is moved to adult court.

Several media organizations, including The Associated Press, have requested the deposition's release.

"Because of the boy's participation in the crime and the media attention the case has already received, withholding the statement now is like trying to put the genie back in the bottle," said Lyrissa Lidsky, a professor of media law at the University of Florida.

Circuit Judge John Watson said he would rule later, and that the media outlets could make their arguments in writing.

The 10-year-old pleaded no contest to misdemeanor battery on April 19. He faces up to a year in juvenile detention when he is sentenced on May 15. He has been released to an aunt in Michigan.

Woods, who is charged with aggravated battery and faces up to 15 years in state prison if convicted, has pleaded not guilty.

His lawyers say D'Amico was a belligerent drunk and that the boy was acting in self-defense. His trial is set for June 4.

The other 10-year-old also is charged with aggravated battery. He faces trial in juvenile court on May 9.