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.

Since being charged with allegedly plotting with her then 20-year-old boyfriend Caleb Barnes to kill her mother, Silvonek has been held as an adult in Lehigh Count Prison.

Her defense attorney, John Waldron, filed a request for decertification and three weeks ago Lehigh County Court of Common Pleas Judge Maria Dantos heard evidence from both the defense and prosecution.

In her courtroom last Thursday afternoon, Dantos denied Silvonek’s request to transfer proceedings to juvenile court.

A 37-page opinion written by Dantos was released Nov. 20 in which she rejected much of the defense’s testimony.

“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.

In a decertification case, consideration must be given to multiple factors, such as whether the accused is amenable to treatment, supervision or rehabilitation.

The defense presented expert testimony of Dr. Frank Dattilio, clinical and forensic psychologist, and Dr. Steven Berkowitz MD, an expert in child and adolescent psychiatry.

During his testimony, Dattilio said Silvonek was amenable to treatment in a juvenile facility.

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 stating, “This court finds the foundation is faulty on which Dr. Dattilio based his report and opinion,” and pointed to “deficiencies” and “flaws” in the opinion of Dr. Berkowitz.

The prosecution presented the expert testimony of Dr. John S. O’Brien.

During his testimony, he said decertification to a juvenile court is not appropriate in this situation.

Dantos agreed with and accepted O’Brien’s opinion and conclusions.

Considering other factors considered in decertification, Dantos enumerated her rationale.

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.”

Additional factors included the nature and circumstances of the offense as well as the degree of a child’s culpability.

Dantos wrote that without a doubt the alleged offenses are “extremely serious” to which the defendant was “a willing and active participate 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.

“It is conceivable a person who is capable of killing her own mother potentially could kill anyone,” Dantos wrote.

Waldron told The Press 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.”

Several members of the Silvonek family have maintained an ongoing presence in the courtroom and it was their hope Silvonek would be decertified.

Also addressed in a separate opinion were several pre-trial motions including suppression of statements made by the defendants during interrogation, and change of venue from Lehigh County, both of which were denied.

A motion for discovery with regard to Barnes’ military records was addressed by the court.

After the court’s review of the records, it was determined there was “no discoverable material contained therein.”

In a somewhat surprising turn of events, 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 potentially face a sentence of 25 years to life.

If she had been decertified back to the juvenile system, it was possible she could have been released prior to her 21st birthday.

“The juvenile system is inadequate to supervise, treat or rehabilitate the defendant,” opined Dantos.

“In contrast, within the adult system, a state correctional institution is available to the defendant that would suit her needs.”