Jonathan Shapiro, who represents John Odgren, said prosecutor Daniel Bennett erred when he told the grand jury not to consider Odgren’s special needs status and other mental health diagnoses prior to Odgren being indicted for James Alenson’s murder on Jan. 19.
Middlesex Superior Court Judge Isaac Borenstein yesterday set a Sept. 15, 2008, trial date for John Odgren, 16. Odgren is charged with the Jan. 19 murder of classmate James Alenson, 15, inside the high school.
Jonathan Shapiro now tells "The Boston Globe" that the extent and permanence of Odgren's amnesia is unclear. Last Monday he withdrew a request for a mental competency hearing.
This is after prosecutors planned to hire their own psychologist to do a comprehensive examination that would give them access to all of Odgren's medical and psychiatric records.
John M. Ritchie told the school board in a meeting last night that he didn't think that there was "flagrant neglect, disregard for the welfare of the school, or irresponsible ignoring of school policy."
Still, he said, "Some additional effort had to be made that wasn't made to determine whether this was a pattern, to call it to someone's attention, to determine whether it was completely innocent."
"That was where people did not execute reasonable expectation on my part," Ritchie said. "I think that in a school setting with safety being of paramount concern to us, an extra step had to be taken."
Ritchie did not single out any school staff, and he declined to say whether disciplinary action would be taken, citing confidentiality.
“(Expletive) it,†Odgren said. “(If you) send me back to Plymouth, I’m not coming back.â€
Shapiro argued Odgren’s Asperger’s syndrome puts him at risk in jail because he makes “inappropriate comments†to other boys. “Frankly, it’s dangerous,†Shapiro said.
Judge Isaac Borenstein responded and said, “The very same doctor you quote said he does not need to be in the hospital.â€
Odgren, a 16-year-old sophomore from Princeton, looked puzzled during the proceeding as his attorney, Jonathan Shapiro, asked the judge to transfer his client from jail to Westborough State Hospital so he could receive medication and psychiatric treatment. Odgren's condition has deteriorated, Shapiro said, and he has been on suicide watch for the last four or five days.
Judge Isaac Borenstein ordered that Odgren be sent to Westborough State for observation for 20 days.
Middlesex Assistant District Attorney Daniel Bennett said that Odgren slashed Alenson's throat before plunging a 5.5-inch knife through his ribs and then into his though the stomach. A third student was in a bathroom stall and heard Alenson say, "What are you doing, you are hurting me," Bennett said.
"Massachusetts' criminal justice system is in the Middle Ages when it comes to the treatment of children," Shapiro said.
Judge Paul Healy Jr. said in a ruling that releasing the information to the public would not be fair to the investigation or suspect John Odgren, 16, of Princeton.
"At this time, it is believed that a blanket impoundment order is necessary to protect the rights of both the defendant and the Commonwealth and that there is no reasonable alternative," Healy wrote in the two page decision.
Psychiatrists say children with Asperger's often struggle with school transitions, and a move to a large public school with 1,600 students would not be easy. Youngsters with Asperger's typically have poor social skills.
"It's difficult for these people to accept changes," said Mohammad Ghaziuddin, a child psychiatrist at the University of Michigan and a specialist in Asperger's. "They are used to having their own schedule, their own routines. It's their desire for sameness."


