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Charges Dropped, For Now, in Death of Boys Ranch
Teen
By Heather Urquides
The Arizona Daily Star
January 16, 1999
Pinal County prosecutors agreed to dismiss
manslaughter and child-abuse charges against five former Arizona Boys
Ranch employees in connection with the death of a California teen last
year.
They will present the same charges to a Superior
Court judge in an as-yet-unscheduled preliminary hearing.
Prosecutors agreed to remand the case after defense
motions maintained there were at least 50 errors with the grand jury
that indicted the five in late September in connection with the death of
Nicholaus Contreraz, 16.
He died March 2 after being forced to exercise at
the paramilitary boot camp in Oracle. An autopsy showed he died of an
undiagnosed lung condition.
A grand jury indicted nurse Linda Babb, 46, and
work specialists Troy Michael Jones, 28, Geoffrey Sean Lewis, 25,
Michael Martin Moreno, 32, and Montgomery Clayton Hoover, 31.
``We've reviewed their argument and rather than
taking the time to litigate this issue, we're just going to say we agree
and go back and reargue this,'' said Charles Ratcliff, Pinal County
Attorney's Office spokesman.
Jones' attorney, Michael L. Piccarreta, called the
move ``a big victory for the Boys Ranch and also a tacit admission that
the case should not have been indicted.''
Ratcliff stressed, however, that the office was not
giving up on the case, just agreeing to re-present the case for charges.
``There seems to be a technical error,'' he said.
``It hasn't been confirmed where it may lie, but it definitely was not
in our presentation.''
Ratcliff said he could not be more specific on the
error.
Stephen M. Weiss, Babb's attorney, said prosecutors
may be referring to the judge's failure to inform grand jury members of
all their obligations and duties.
``It appeared that a couple of the grand jurors
professed to have prior knowledge of problems at the Boys Ranch - having
said that, they didn't remove themselves from the case, nor did the
prosecutors make any inquiry to those jurors of what they potentially
knew.''
Prosecutors have not released the roles each worker
is accused of taking in the boy's death.
Court records show that authorities claimed Babb
failed to diagnose the teen's lung condition.
``The bottom line is No. 1 - she's not a doctor,''
Weiss said. ``Based upon what I understand what she saw would not have
given her any reason to think he had that kind of condition.''
Arizona Boys Ranch outlines its program on its Web
site.
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