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LEHIGH VALLEY WEATHER

Danto deciding whether Jamie Silvonek is to be tried as a juvenile or an adult

The decertification decision for Jamie Silvonek for her alleged role in the March killing of her mother Cheryl Silvonek is now in the hands of Lehigh County Court of Common Pleas Judge Maria L. Dantos.

After hearing the testimony of eight witnesses and accepting more than 20 items into evidence, Dantos will decide whether Silvonek, 14, will be tried as an adult or whether her case will be sent to the juvenile system.

A written decision is expected in the upcoming weeks.

After being arrested in connection with the death of her mother, Silvonek was originally placed in the juvenile system pending charges.

Further evidence, including a battery of text messages was enough for the Lehigh County District Attorney’s office to transfer Silvonek to Lehigh County Prison, where she would face trial as an adult.

Silvonek’s attorney John Waldron filed a petition for decertification; and both the defense and prosecution have debated and presented their cases.

As the final witness in the decertification hearing for Silvonek, the defense offered testimony on Nov. 2 from Dr. Steven J. Berkowitz, an expert in child and adolescent psychiatry.

During his testimony, Berkowitz stated Silvonek suffered from an undiagnosed non-verbal learning disability, due to a large and clinically significant discrepancy between her verbal and non-verbal I.Q. subset scores.

He also discussed medical research regarding the adolescent brain and its unparalleled growth during early adolescence, which coupled with her undiagnosed disability, left her able to verbally communicate, lie and control the outside world, while being left with an inner vulnerability and impulsivity.

On cross-examination, Berkowitz discounted prior testimony that Silvonek was a savvy manipulator.

“I would suggest they are not understanding what she is doing,” he testified.

Despite the prosecution’s repeated attempts, Berkowitz did not waver in his opinion that “within a reasonable degree of medical certainty, Jamie Silvonek should be decertified.”

“With all the lies and changing of stories, can you be certain treatment for Jamie will work?” asked Assistant District Attorney Jeffrey Dimmig.

“I’m certain she’s 14 years old and appropriate intervention is likely to work,” Berkowitz said. “I cannot guarantee what will happen if she is decertified but I can guarantee you that she will not fare well in an adult facility.”

During closing, the prosecution argued each of the seven legal points of decertification.

He told the judge Silvonek is a liar, not amenable to treatment and the impact on the community has been great.

“This case goes against all social norms and shocks the conscience,” Dimmig said.

The defense asked Dantos to carefully consider the evidence, in particular the expert testimony and objective empirical testing performed on Silvonek.

“I submit the experts and evidence in the case lead to decertification,” Waldron concluded.