Odgren attorney: Throw out first-degree murder indictment

The lawyer for a Princeton teen charged with murdering a classmate at Lincoln-Sudbury Regional High School last year argued today in court that a grand jury indictment for first-degree murder should be thrown out.

John Odgren's lawyer, Jonathan Shapiro, told Middlesex Superiour Court Judge Isaac Borenstein that prosecutor Daniel Bennett improperly instructed the grand jury not to consider Odgren's mental disability and psychiatric diagnoses when it was to decide if there was probable cause for a first-degree murder charge.

Shapiro, in today's motion to dismiss hearing, said "it was likely" the grand jury may have instead returned an indictment for second-degree murder, or manslaughter, if they were allowed to consider Odgren's mental health history.

Odgren, 17, has been diagnosed with Asperger's syndrome and hyperactivity disorder.

Odgren is accused of murdering his classmate, James Alenson, 15, in the bathroom at Lincoln-Sudbury Regional on Jan 19, 2007. Alenson was stabbed five times.

Bennett argued that he told the grand jury not to consider Odgren's mental health as well as a history of violence at other schools, including an incident where he stabbed another student with a pencil, so it would not prejudice the grand jury.

"We presented the evidence in a way to the grand jury so he wouldn't be unfairly prejudiced," the prosecutor said.

After the hearing, Shapiro said the "stabbing" incident happened years ago when Odgren was being bullied and he "jabbed" another student with a pencil.

Shapiro also said he did not buy Bennett's reasoning of preventing prejudice against Odgren. "You have to take that comment with a great deal of salt." Shapiro said.

Borenstein did not rule on the motion and said he would take it under advisement. He set an April 18 date for a motion to suppress hearing. Shapiro wants jailhouse phone conversations recorded by the Middlesex Sheriff's office not to be admitted into evidence.

Shapiro said, "We think this is improper, illegal and unconstitutional."

Bennett also told Borenstein he was considering filing a motion to change a Sept. 15 trial date. He said several of his witnesses will either be out of the state or out of the country to attend college. He said he may seek to hold the trial sooner.