13-year-old convicted of second-degree murder

Through the verdict, justice was served said prosecutor Lisa Halushka. Defense attorney Geoffrey Fieger called the jury's decision to convict a 13-year-old "repugnant" and vowed to appeal. (Court TV)

				THE NATHANIEL ABRAHAM TRIAL
				Background Oct. 19 Update (Jury Selection) Oct. 21 Update Oct. 22 Update Oct. 28 Update Oct. 29 (Opening Statements) Oct. 29 Update (Evening) Nov. 1 Update (Morning) Nov. 1 Update (Evening) Nov. 2 Update (Morning) Nov. 2 Update (Evening) Nov. 3 Update Nov. 4 Update Nov. 5 Update (Morning) Nov. 5 Update (Evening) Nov. 8 Update (60 Minutes Interview) Nov. 8 Update (Morning) Nov. 8 Update (Evening) Nov. 9 Update (Both sides rest) Nov. 10 Update (Closing Arguments) Nov. 11 Update Nov. 15 Update (Jury Deliberations) Nov. 16 (The Verdict) Jan. 12 Update Jan. 13 Sentencing Text of Abraham's Sentence Special Report: Michigan Juvenile Law

PONTIAC, Mich. (Court TV) — Young Nathaniel Abraham avoided a first-degree murder conviction but did not escape punishment entirely. After over 15 hours of deliberations, a Michigan jury convicted the 13-year-old of second-degree murder and acquitted him of felony firearm possession and assault with intent in the 1997 shooting death of 18-year-old Ronnie Greene, Jr.

Abraham's case attracted national attention — and sparked contentious debate over juvenile justice — because he was only 11 when he was charged with first-degree murder under a controversial Michigan law that allows children under age 17 to be tried as adults. Michigan prosecutors claimed that Abraham, who was suspected in 22 previous crimes, was the type of child this law targeted. The prosecution claimed that Abraham had told others he wanted to shoot someone days before the killing, obtained a .22 rifle, practiced with it and then fulfilled his wish by shooting Greene while the victim stood in front of a Michigan party store.

But the defense, led by Geoffrey Fieger, argued that Greene's slaying was tragic, but not an intentional murder by Abraham. Fieger presented three theories: the shooting was an accident; Abraham could not have formed an intent to kill because he was too mentally and intellectually challenged; and prosecutors had not fully proven that the fatal bullet came from the gun fired by Abraham.

Approximately a half-an-hour before jurors announced they had reached a verdict, they requested a review of the testimony of three psychiatrists who testified about Abraham's ability to form intent. Defense psychologists Margaret Stack and Kathleen Sullivan had both testified that Abraham lacked the cognitive and mental abilities to form intent. But prosecution rebuttal witness Lynn Schwartz disagreed, saying that Abraham knew the wrongfulness of his actions. But Judge Eugene Moore told jurors that transcripts of the three psychologists' testimony would not be ready until Wednesday.

Ultimately, the review of the testimony did not matter. Jurors rejected the prosecution's allegation that Abraham intended to kill Greene. But Dan Stolz, the jury foreman, told reporters after the verdict that Abraham, whether he was thinking like an 11-year-old or even a 7-year-old, knew his actions could result in harm to someone else.

"We came to the conclusion that a 7-year-old has ability to form intent, maybe not the ability to form premeditation, in terms of a series, a series of events, but that they did have the capability of forming intent," said Stolz. "And the reason that we went to second degree then was because first-degree murder was an intent to kill and we had some doubts about whether that was the actual intent."

With second degree murder other issues are involved, said the foreman. Did Abraham "create a high risk environment that would cause death or serious harm or create serious bodily injury?" That was the central question, said Stolz. Jurors, he said, concluded that Abraham "knew that the firearm was dangerous and that using it in that manner would create that type of environment."

"...Ronnie Greene was standing there," explained Stolz. "The gun just doesn't raise itself up automatically. He [Abraham] had to point the gun and he had to physically pull the trigger and there was an intential action on that part."

Prosecutor Lisa Halushka saw the verdict as a victory for both Greene's family — and Abraham himself.

"We're pleased with the verdict," Halushka said. "But it's a sad verdict as well. However, through the verdict, justice was served for the Greene family and Nathaniel will now have the opportunity to receive the help he has indicated he needs. ... We're getting help for Nathaniel as well as protecting the community."

Prosecutors say they will seek a "blended" sentence when Nathaniel Abraham is sentenced on Dec. 14. (Court TV)

Abraham will be sentenced on Dec. 14. Prosecutors say they will ask Judge Moore to impose a "blended" sentence. In a blended sentence, the judge could send Abraham to a juvenile facility until his 21st birthday and set certain conditions. Once Abraham reaches 21, the judge would determine whether further punishment in an adult prison is warranted.

Gloria Abraham, Nathaniel's mother, rushed out of court in tears after the verdict. Fieger rubbed Abraham's shoulders and comforted him as the verdict was read. Afterwards, Fieger called the verdict "repugnant" and said the verdict would not stand on appeal. He said he would file a motion with Judge Moore to set aside the verdict.

"I will point out to you that the jury acquitted him of three other charges — [two counts of] felony firearm possession and assault with intent to murder," Fieger said. "They [jurors] found him not guilty of possessing a firearm while committing a felony, yet convicted him of second-degree murder. That just doesn't make sense ... this verdict cannot stand."

Fieger said that he thought that rage over juvenile crime brought about the conviction against his client.

Through the testimony of world champion skeet shooter Elmer Magyar, Fieger had argued that not even an expert marksman could have purposely hit Greene, given the distance from the alleged target and the darkness of night. Abraham, Fieger argued, said he was firing at trees, not at people, and did not intend to kill anyone. According to the defense, Abraham was merely playing with the gun. In addition, various defense experts said it appeared the fatal bullet may have deflected off an object before striking the victim.

Fieger argued that Abraham simply could not form an intent to kill. Various defense psychologists testified that Abraham had a 70 IQ — borderline retarded. Abraham, these experts stressed, was not able to make long-term complicated plans or realize the consequences of his actions. One defense witness claimed that Abraham could not foresee that someone could still get hurt even if he was firing the gun at trees or street lights.

But Michigan prosecutors, led by Lisa Halushka, argued that Abraham's actions before Greene's death prove that he intended to kill someone and that he was able to formulate and carry out a plan.

Abraham, the prosecution said, told his girlfriend, Stephanie Saldana, days before the incident that he was going to shoot somebody. Abraham obtained a .22 rifle and bullets and practiced with the gun, at one point allegedly shooting at — and missing — a neighbor, Michael Hudack. Abraham became so proficient using the gun, Halushka argued, he even showed his older friend (a state witness) Marcel Moolhuizen how to load it with bullets.

The prosecution also noted that Abraham clearly knew the wrongfulness of his actions and knew that someone could get hurt if he played with guns. Psychologist Lynn Schwartz told jurors during the state rebuttal case that Abraham admitted that his relatives had warned him about the dangers of playing with guns. But, Abraham said, he disobeyed his relatives because he thought shooting the gun was fun.

Halushka also stressed that Abraham gave police several different accounts of the shooting. This, Halushka indicated, proves that Abraham can fully appreciate the wrongfulness of his actions, and lied to try to keep himself out of trouble. The prosecution also suggested that Abraham bragged about the shooting afterwards, telling Saldana and Moolhuizen that he "got that nigga."

Abraham's defense cast doubt on whether Hudack was even an assault victim. After reading about Greene's shooting in the newspaper, Hudack tipped off police that Abraham was linked to the incident. Hudack had had an encounter with the boy — and the stolen rifle — hours before Greene's shooting. Hudack testified that he heard what he thought were firecrackers outside his house and when he looked outside, he saw Abraham and his friend Marcel approximately 50 feet away. Hudack said he thought Abraham was holding a stick in his hand.

Hudack said he then went back inside his home, and heard "firecracker" noises again. While investigating his back porch area, Hudack testified, he heard what he thought were gunshot noises and sensed something whiz by his head. He then said he saw Abraham and Marcel near a neighboring garage. After yelling at them, Hudack testified, the boys ran off, and he immediately called police. Hudack said he thought he saw what appeared to be a rifle in Abraham's hands.

Hudack told jurors he saw Abraham the next day and yelled at him, saying that the boy could have killed him. Abraham, he said, apologized and told Hudack he didn't mean to shoot at him and that he was firing at the garage. Hudack says he demanded the gun from Abraham, and that Abraham retrieved it, and gave it to him, along with a box of hollow point shells.

During the trial, Fieger stressed that Hudack never complained to police that Abraham was trying to kill him. Hudack was not even sure that someone was aiming at him, Fieger said. The defense attorney cast doubt on Abraham's alleged intent, pointing out that he gave Hudack the gun when the neighbor asked him for it. Fieger also noted that Abraham tried to sell the gun to another neighbor Richard Morales before the shooting. These, Fieger stressed, were not the actions of someone who intended to kill or was trying to cover up a killing.

— Bryan Robinson