13-year-old charged in Newburgh child’s murder back in court as defense raises discovery concerns
Family members from both the defendant’s family and the victim’s family were present in court. Representatives for both families declined to comment.
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The 13-year-old accused of killing an 11-year-old boy in Newburgh appeared in Orange County court again this week as attorneys argued over evidence in the case.
Family members from both the defendant’s family and the victim’s family were present in court. Representatives for both families declined to comment.
The teen is charged with second-degree murder in the shooting death of 11-year-old Matthew DeGroat inside his Newburgh home last October.
During the hearing, the defense attorney told the judge she is still waiting for key evidence — including a finalized autopsy report — and said she has had difficulty accessing some of the discovery materials provided by prosecutors. She told the court the technical issues with the files were “nothing like” she has experienced in her 10-year career.
The Orange County District Attorney’s Office pushed back, saying prosecutors have turned over everything currently in their possession and that they are still waiting for additional results, including a DNA test from the New York State Police crime lab.
The judge instructed the defense to arrange an appointment with the district attorney’s office to obtain the files in person.
Prosecutors also requested a DNA cheek swab from the defendant — a sample taken from inside the mouth that can be compared with DNA evidence. The judge granted the request, and a New York State Police detective collected the sample in court.
Because of the defendant’s age, the judge also granted a protective order to ensure the DNA sample is not entered into a database.
The defense again asked the judge to release the teen with electronic monitoring, arguing the alleged discovery issues warranted reconsideration of bail. The judge denied the request.
Representatives from the NAACP were also present in court and raised concerns about the bail amount and the fact that the teen is currently being held at a secure juvenile detention facility in Rochester.
Cindy Lee Dorcely, president of the NAACP’s Middletown branch, said the organization believes a lower bail amount or electronic monitoring should be considered.
“We are really just looking for a reasonable bail right now,” Dorcely said.
As News 12 previously reported, the judge earlier set bail at $500,000 following the teen’s initial court appearance in the case.
The case is scheduled to return to court on March 31 at noon.
