amelie hodges forensic files: the case of...

AMELIE HODGES’ FORENSIC FILES:

THE CASE OF

“THE STONE COLD TEENAGE KILLER”

THE STATE OF TEXAS

V.

JENNY SMITH

2012 - 2013 TRIAL COURT CASE

By: Ashley L. Myrick

Special thanks to: Pat Britt, RN, Julia Connel, RN,

and Joshua Sapp (3rd Grade) for assisting

with exhibit preparation

Final Version – August 14, 2012

Dear Judicial Delegates,

I am both honored and excited to welcome you to another fantastic year of Texas Youth and

Government! With your hard work and innovation, I believe we will look back on the 2012-2013 Trial

Court Program and be pleased with the results.

First, I’d like to mention the most important and useful change your excellent staff of adults

and youth has implemented to the trial court, the bailiff. The bailiff will be responsible for timing the

openings, directs, crosses, closings, and objections during trials. In the past, this has been undertaken

by the judge. After attending the National Judiciary Program, where a student bailiff kept trial times, I

can personally attest that this change will benefit every party in the courtroom. Additionally, we

reviewed your surveys and are keeping elements that students liked last year and are improving those

which need revision.

This year’s case is an engaging one. Based in the same town as last year’s case, you will

undoubtedly recognize a few names but be unfamiliar with others. This case offers opportunities to

combine old and new strategies which will produce intense arguments, exciting examinations, and

thoughtful rulings.

Judges, attorneys, and witnesses, I challenge you to scrutinize the case. Witnesses know your

affidavits and questions, convincingly act out your part. Attorneys infuse emotion in your openings and

closings; speak with confidence. Make meaningful objections and clever responses. Judges preside

over the courtroom with authority and erudition. Know the rules and procedures in the courtroom to

ensure that all trials are equitable. Most importantly, respect the opposing teams, judges, and

evaluators at all times!

Finally, as Attorney General, I charge you to bring as many youth as possible into this

outstanding program. Tell your friends, advertise in your schools, be a leader on your team, and step

out of your comfort zone. Encourage Youth and Government alumnae, past evaluators, and parents to

volunteer to evaluate trials so this year is the best one yet.

Before we know it, this year of Texas Youth and Government will be over; take advantage and

enjoy it while it lasts. In the words of Dr. Seuss, “Don’t cry because it’s over, smile because it

happened.” Let’s look back on this year with a smile.

Sincerely,

Michael Kmetz

2012-2013 Texas Youth Attorney General


Table of Contents

Letter from Attorney General, Michael Kmetz..…………………………………………………………..2

List of Witnesses and Documentary Evidence…………….………………………………………………4

Petition for Discretionary Transfer to Criminal Court…………………………….……………………5-6

Order to Waive Jurisdiction…………………………………………………………………….……………………7-8

Certification Order…………………………………………………….…………………………….……………………9

Indictment………..…………………………………………………………………………………….……………………10

Applicable Statutes and Laws………………………………………………………………….……………………11

Witnesses for the Prosecution

Detective Sergeant Amelie Hodges.………………………………………………….………………12

Dr. Joshua Sapp..………………………………………………………………………….……………………13 Dr. Austin Miles ..……………………………………………………………………………….………………14-16

Witnesses for the Defense

Dr. Kathryn O’Riley…..………………………………………………………………….……………………17-20 Jamie Manning….………………………………………………………………………….……………………21-23 Joanna Steblay….………………………………………………………………………….……………………24-27

Exhibits..……………………………………………………………………………………………………………………….28-46

Police Report..……………………………………………………………………………………………….…..28-30 Diagram of Penny Park....…………………………………………………………………………….…..31

Autopsy Report..………..………………………………………………………………………………………32-37 Diagram of Body..……………….………………………………………………………………………….…38

Murder Weapon………...………………………………………………………………………………………39 Journal Pages……….…..………………………………………………………………………………………40-44 Knife Picture from Wall…………..…………………………………………………………………………45-46


LIST OF WITNESSES AND DOCUMENTARY

EVIDENCE TO BE USED IN THIS CASE WITNESSES FOR THE PROSECUTION, STATE OF TEXAS:

1. Detective Amelie Hodges 2. Dr. Joshua Sapp 3. Dr. Austin Miles

WITNESSES FOR THE DEFENDANT, JENNY SMITH:

1. Dr. Kathryn O’Reilly 2. Jamie Manning 3. Joanna Steblay, LPC

Documents included in the packet:

1. Petition for Discretionary Transfer to Criminal Court

2. Order to Waive Jursidiction

3. Certification Order

4. Indictment

5. Applicable Statutes

6. Affidavits

Evidence * 1. Police Report

2. Diagram of Penny Park

3. Autopsy Report

4. Diagram of Body

5. Murder Weapon**

6. Journal Pages (4)

7. Knife Picture from Wall

*You are free to enlarge evidence to poster size as demonstrative exhibits only;

however, you must get the paper version entered as evidence.

**Item number 5 – Murder Weapon: You are instructed to follow the directions on the

document labeled “Murder Weapon”


CAUSE NO. 12-123456J

IN THE MATTER OF § IN THE 1st DISTRICT COURT

§

JENNY SMITH, § OF COCO COUNTY, TEXAS

§

A CHILD § SITTING AS A JUVENILE COURT

PETITION FOR DISCRETIONARY TRANSFER TO CRIMINAL COURT

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, Michael Kmetz, District Attorney of Coco County, Texas, for the State of Texas,

hereinafter styled Petitioner, upon information in his possession and believing it to be true, requesting a complete

diagnostic study, social evaluation and full investigation of the child, the child's circumstances and the

circumstances of the alleged offenses, and respectfully represents to the Court that because of the seriousness of the

offenses and the background of the child, the welfare of the community requires that the Juvenile Court waive

jurisdiction and have Jenny Smith transferred to Criminal Court for criminal proceedings concerning the following

felony offenses and all criminal conduct occurring in said criminal episodes:

The said child engaged in delinquent conduct, to wit: that on or about January 7, 2012, in Coco County,

Texas, the said child violated a penal law of this state punishable by imprisonment/confinement in jail, to wit:

MURDER, Section 19.02 of the Texas Penal Code, in that the said child, Jenny Smith did then and there

intentionally or knowingly cause the death of an individual, namely Benjamin Netlo, by stabbing with a knife;

same being a first degree felony if committed by an adult.

And it is further presented that the child used or exhibited a deadly weapon, to wit: a knife in the

manner and means of its use and intended use was capable of causing death and serious bodily injury, during the

commission of said offense.

II.

That the said Jenny Smith is a female person who resides at 2525 Penny Lane, Brookbend, Coco

County, Texas, was born on August 1, 1997 and was 15 years of age at the time she was alleged to have


committed the offenses, a first degree felony, and that no adjudication hearing has been conducted concerning

the said offenses.

That the parents of the child are as follows:

MOTHER: deceased

FATHER: Drew Smith – incarcerated

GUARDIAN: Kara Smith - aunt

ATTORNEY: Paige Tipton

IV.

That because of the extreme and severe nature of the alleged offenses above mentioned, the prospects of the

adequate protection of the public and the likelihood of reasonable rehabilitation of the child by the use of the

procedures, services and facilities currently available to the Juvenile Court is in serious doubt.

V.

That the evidence in the above listed offense is sufficient for the juvenile court to determine that there is

probable cause to believe that Jenny Smith, the child before the court, committed the offenses alleged.

VI.

That the evidence in the above listed complete diagnostic study, social evaluation and full investigation

of the child, the child's circumstances and the circumstances of the alleged offenses is sufficient for the Juvenile

Court to determine that there are not resources available to the Juvenile Probation Department that can adequately

rehabilitate Jenny Smith the child before the court, and that the seriousness of the offenses and the protection of the

community require that the matter be transferred to the appropriate Criminal Court for criminal proceedings

pursuant to §54.02 of the Texas Family Code.

WHEREFORE, Petitioner prays that summons as required by law be issued and that this Honorable Court

waive its jurisdiction over the said Jenny Smith and order that the said Jenny Smith be transferred to the proper

Criminal Court for criminal proceedings therein.

Respectfully submitted,

BY:______________________________ Michael Kmetz

District Attorney

State Bar No. 52453709


CAUSE NO. 12-123456J

STATE OF TEXAS § IN THE 1st DISTRICT COURT

§

COUNTY OF COCO § OF COCO COUNTY, TEXAS

ORDER TO WAIVE JURISDICTION

IN THE MATTER OF JENNY SMITH.

On the 22nd

day of March, 2012, a hearing was held in the above styled and numbered cause under Section

54.02 of the Family Code, on the issue of waiver of jurisdiction. Prior thereto the Court had ordered and obtained a

diagnostic study, social evaluation, a full investigation of the child, HER circumstances and the circumstances of the

alleged OFFENSE; counsel, Paige Tipton was APPOINTED more than ten (10) days prior to the hearing; the

counsel for the child was given access to all written matter to be considered by the court in making the transfer

decision more than one (1) day prior to the hearing; and said child JENNY SMITH and her FATHER DREW

SMITH and her GUARDIAN KARA SMITH HAD BEEN SERVED WITH CITATION MORE THAN TWO

(2) DAYS PRIOR TO THE HEARING. After full investigation and hearing at which hearing, the said JENNY

SMITH and her GUARDIAN KARA SMITH were present; the court finds that the said JENNY SMITH is

charged with a violation of penal law of the grade of felony, if committed by an adult, to wit: MURDER

committed on or about the 7th

day of JANUARY, 2012; that there has been no adjudication of THIS OFFENSE;

that she was 15 years of age or older at the time of the commission of the alleged OFFENSE having been born on

the 1st day of AUGUST, 1997; that there is probable cause to believe that the child committed the OFFENSE

alleged and that because of the seriousness of the OFFENSE, the welfare of the community requires criminal

proceeding. In making that determination, the Court has considered among other matters:

1. Whether the alleged OFFENSE WAS against person or property, with the greater weight in favor of waiver

given to offenses against the person;

2. The sophistication and maturity of the child;

3. The record and previous history of the child; and

4. The prospects of adequate protection of the public and the likelihood of reasonable rehabilitation of the

child by use of procedures, services and facilities currently available to the Juvenile Court.


The Court specifically finds that the said JENNY SMITH is of sufficient sophistication and maturity to

have intelligently, knowingly and voluntarily waived all constitutional rights heretofore waived by the said JENNY

SMITH, to have aided in the preparation of HER defense and to be responsible for HER conduct; that the

OFFENSE alleged to have been committed WAS against the person of another; and the evidence and reports

heretofore presented to the court demonstrate to the court that there is little, if any, prospect of adequate protection

of the public and likelihood of reasonable rehabilitation of the said JENNY SMITH by use of procedures, services,

and facilities currently available to the Juvenile Court.

IT IS THEREFORE ORDERED that the jurisdiction of this Court sitting as a Juvenile Court, be and it is

hereby waived, and the said JENNY SMITH be and the same is hereby transferred to the Criminal District Court of

Coco County, Texas, for criminal proceedings in accordance with the Code of Criminal Procedure.

SIGNED on the 22nd

Day of March, 2012

JUDGE

1st DISTRICT COURT

COCO COUNTY, TEXAS


CAUSE NO. 12-654321

STATE OF TEXAS § IN THE 108th

DISTRICT COURT

§

vs §

§

JENNY SMITH § COCO COUNTY, TEXAS

CERTIFICATION ORDER

On this the 22nd

day of March, 2012 it appearing to this court that the 1st District Court, sitting as a

Juvenile Court of Coco County, Texas, has certified to this Court that it has waived jurisdiction of Case Number

12-123456J upon the docket of said court, styled In the Matter of Jenny Smith, a delinquent child, and has

transferred to this court said Jenny Smith for Criminal proceedings, and to be dealt with as an adult in

accordance with the law; and it appearing to the court from said court’s certification, including the written order

and finding of the court accompanied by a complaint in said case against said Jenny Smith is charged with a

violation of a penal law with the:

OFFENSE(S) OF: MURDER, COMMITTED ON OR ABOUT THE 7th

DAY OF January, 2012; a felony

and that said Jenny Smith was fifteen years of age or older at the time of the commission of said alleged offense.

IT IS ACCORDINGLY CONSIDERED, ORDERED AND ADJUDGED THAT jurisdiction of this

court of said Jenny Smith for criminal proceedings be and the same are hereby assumed by this court; that this

cause be filed and docketed and this order entered in the minutes of this court, and that a certified copy of same

be certified to said Judicial District Court, sitting as a Juvenile Court, for observance.

IT IS FURTHER ORDERED THAT the Sheriff of Coco County, Texas, take custody of said Jenny

Smith and confine her in the jail of Coco County, Texas, until further orders of this court.

A certified copy of this order is to be delivered to the Sheriff of Coco County, Texas, for said certified

copy will be the authority of the Sheriff of Coco County, Texas for arresting and holding said Jenny Smith

No bond set.

SIGNED on the 22nd

Day of March, 2012

JUDGE DISTRICT COURT

COCO COUNTY, TEXAS


INDICTMENT

STATE OF TEXAS

vs.

JENNY SMITH DOB: 08/01/1997

2525 Penny Lane Date Prepared: 04/02/2012

Brookbend, Coco County, Texas By: Coco County District Attorney

Felony Charge: 1st degree Murder Arrest Date: 01/8/2012

Cause Number: 12-12345 Bail: $0

Coco County District Court No: 108

In the name and by authority of the State of Texas:

The duly organized grand jury of Coco County, State of Texas, of the district court of said county, in

said court at said term, do present that Jenny Smith, hereinafter referred to as Defendant, on or about January 7,

2012 in the County of Coco, State of Texas, the defendant after deliberation, intentionally or knowingly caused

the death of Benjamin Netlo by committing an act clearly dangerous to human life, namely cutting his throat and

stabbing him multiple times with a knife in violation of Section 19.02 of the Texas Penal Code. Defendant is

charged to have committed the felony of murder in the first degree punishable and upon conviction shall be

punished under Section 12.32 of the Texas Penal Code by imprisonment in the Texas Department of Criminal

Justice for life or for any term of not more than 99 years or less than 5 years.

Against the peace and dignity of the State.

Foreman of the Grand Jury


APPLICABLE TEXAS STATUTES

Texas Penal Code Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY

(a) A person may not be prosecuted for or convicted of any offense that the person committed when

younger than 15 years of age except:

(7) a capital felony or an offense under Section 19.02 for which the person is transferred to

the court under Section 54.02(j)(2)(A), Family Code.

(c) No person may, in any case, be punished by death for an offense committed while the person was

younger than 18 years.

Texas Penal Code Sec. 19.01. TYPES OF CRIMINAL HOMICIDE

(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal

negligence causes the death of an individual.

(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.

Texas Penal Code Sec. 19.02. MURDER

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

Texas Penal Code Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in

the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less

than 5 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be

punished by a fine not to exceed $10,000.

NOTE: There is no affirmative defense available in this case; however, Texas case law has left the door

open for a Defendant to argue diminished capacity as a failure-of-proof defense - - ie: the Defendant claims that

the State failed to prove that the Defendant had the required state of mind at the time of the offense “because of

a mental or physical impairment or abnormalities and that some of his abilities are lessened in comparison to

someone without such problems. As with the other elements of the offense, relevant evidence may be presented

which the jury may consider to negate the mens rea element. And, this evidence may sometimes include

evidence of a defendant's history of mental illness.” Jackson v. State 160 S.W. 3d 568 (Tex.Crim.App. 2005).

Texas Code of Criminal Procedure Art. 38.36. EVIDENCE IN PROSECUTIONS FOR MURDER.

(a) In all prosecutions for murder, the state or the defendant shall be permitted to offer testimony as to all

relevant facts and circumstances surrounding the killing and the previous relationship existing between the

accused and the deceased, together with all relevant facts and circumstances going to show the condition of the

mind of the accused at the time of the offense.


AFFIDAVIT OF DETECTIVE AMELIE HODGES

STATE OF TEXAS §

COUNTY OF COCO §

My name is Detective Sergeant Amelie Hodges. I am over the age of 18 years and I am otherwise fully

competent to testify. I can read, write and understand the English language. I am not under the influence of any

drug or other substance which would prevent me from fully understanding the nature of this Affidavit. All of

the information in this Affidavit is within my personal knowledge and is true and correct.

I am a Detective Sergeant with the Brookbend Police Department. My badge number is #11. I have

been a Detective Sergeant with the Brookbend Police Department since 1997. I have been with the Homicide

Division from 2005 to the present and am the Head Detective in the Homicide Department, a position I have

held since 2011. From 2000 to 2005 I worked in the Armed Robbery Division. From 1997 to 2000 I was a

Patrol Officer. I am a graduate of the Brookbend Police Academy. I have a BA in Criminal Justice from the

University of Texas at Arlington. I am currently working towards a Master’s Degree in Criminal Justice at the

University of Texas at Arlington.

I am the detective assigned to the Jenny Smith case and the designated representative of the Brookbend

Police Department for this case. I investigated this case along with Officer Donny Murray and Juvenile Officer

Leah Korte. Attached is a copy of my police report prepared by Officer Murray with my review and approval, a

diagram of Penny Park which I drew and copies of journal pages from the diary of Jenny Smith and a copy of a

drawing I found on the wall of Jenny Smith’s bedroom. These referenced items are true and correct to the best

of my knowledge and incorporated into my affidavit by reference as if they were fully recited here.

SIGNED THIS THE 1st day of August, 2012

_________________________________

Detective Sergeant Amelie Hodges

SUBSCRIBED AND SWORN TO BEFORE ME, this the 1st day of August, 2012

_________________________________

NOTARY PUBLIC, State of Texas

Reagan D’iané Notary Public, State of Texas

My commission expires November 12, 2013


AFFIDAVIT OF DR. JOSHUA SAPP

STATE OF TEXAS §

COUNTY OF COCO §

My name is Dr. Joshua Sapp. I am over the age of 18 years and I am otherwise fully competent to

testify. I can read, write and understand the English language. I am not under the influence of any drug or other

substance which would prevent me from fully understanding the nature of this Affidavit. All of the information

in this Affidavit is within my personal knowledge and is true and correct.

I am the Brookbend Medical Examiner. I have held this position for the past 11 years. Prior to holding

that position, I served as the Assistant Medical Examiner of Brookbend, Texas for five years. I attended the

University of Texas for my undergraduate degree in pre-med and biology. I received my medical degree from

Johns Hopkins. I completed training in anatomic pathology and forensic pathology from the New York

University Medical Center. I am certified in both anatomic and forensic pathology by the American Board of

Pathology. I am an active member of the National Association of Medical Examiners and the current president

of that organization. I am licensed to practice medicine in six states, including Texas. I have performed over

2,000 autopsies.

On January 10, 2012, I conducted an autopsy of Benjamin Netlo. A copy of my autopsy report and a

diagram showing the location of the stabbing injuries to Benjamin Netlo are attached hereto and are true and

accurate representations of my findings and are incorporated into my affidavit by reference as if they were fully

recited here.


_________________________________

Dr. Joshua Sapp


_________________________________





AFFIDAVIT OF DR. AUSTIN MILES

STATE OF TEXAS §

COUNTY OF TRAVIS §

My name is Dr. Austin Miles. I am over the age of 18 years and I am otherwise fully competent to




I received my bachelor’s degree from Yale University. I have a medical degree from Harvard Medical

School. I did my psychiatry residency at Yale School of Medicine. I am licensed to practice medicine in Texas

and Massachusetts. I am currently the Elefante Endowed Chair of Psychiatry and a Professor of Psychiatry at

The University of Texas and its clinical partner, the University of Texas Medical School. I have held this

position from 2005 to the present. I have spent more than 15 years in both clinical and research settings

diagnosing and treating patients with psychotic depression, studying the diagnostic challenges, biology, and

course of treatment of this disorder. I have published over 75 journal articles in numerous scientific and medical

journals including the American Psychiatric Journal, Journal of Diagnostic Psychiatry, Journal of American

Clinical Psychiatrists, Psychiatry and Biology, American Journal of Psychopharmacology, International Journal

of Psychiatry, and many others. I have published fifteen books, three of which are directly relevant to this case:

Diagnosing Psychotic Depression; Manual for Treating Psychotic Depression; and Psychopharmacological

Depression and its Treatment. I am a member of the American Society of Clinical Psychopharmacology, the

American Psychiatric Associaton and a number of other professional organizations.

I have testified in more than 100 trials in addition to giving more than 50 depositions and have been

qualified as an expert in Texas courts and in Federal court. I receive $500/hour to review files and interview

witnesses and $750/hour for depositions and trial testimony.

I have not personally examined the Defendant but I have reviewed her medical and psychiatric records

as well as the police report, Smith’s statement to the police and other witness statements. Defendant takes the

anti-depressant drug Prozac and has been on Prozac since July 2011. Smith’s Prozac dosage was 40 mg, which


is not a high dosage for a 15 year old. I am in agreement with Smith’s physicians that she suffers from manic

depression disorder and bi-polar disorder. It is clear to me that at the time Smith committed the murder of

Benjamin Netlo that she did know right from wrong.

Scientific studies have shown that SSRIs (Selective serotonin re-uptake inhibitors) such as Prozac are

effective in children and adolescents for treating both depression and obsessive compulsive disorder. The side

effects are typically minimal. SSRIs have been shown to have beneficial effects on depression as well as other

psychiatric disorders. Prozac is a commonly prescribed 20 year old anti-depressant. No scientific study has

shown a connection between the anti-depressant drug Prozac and increased incidents of suicides or violence,

including murder. Neither the medical field nor the FDA has found any link between Prozac and acts of

violence. There is no reliable scientific evidence that Prozac causes people to commit murder and in fact it has

been proven to decrease in hostility, aggression, and anger in people who, like Smith, suffer from major

depression and a borderline personality disorder.

Although the whole of reliable scientific evidence indicates that SSRIs such as Prozac and other anti-

depressants do not cause suicide or violence, the FDA now requires black-box warnings on anti-depressants,

warning that they are associated with “suicidality” in children, adolescents, and young adults up to age 26. It is

important to note though that these black box warnings have resulted in a decrease in the number of children and

teens being placed on Prozac and other anti-depressants while at the same time clinicians have witnessed a rise

in child and adolescent suicides and acts of violence. A recent study published in the American Journal of

Psychopharmacology found that rates of suicide and violence among young adults have risen as the use of anti-

depressants fell. Another study recently published in the American Journal of Psychiatry analyzed data from

207 drug trials, encompassing 50,000 patients. The study concluded that anti-depressants were not associated

with an increased risk of suicide or violence in patients with major depressive disorder. A 2011 study based on

analysis and review of over 2,000 studies of antidepressants and suicidal events and published in the journal

Drug Safety concluded that “there appears to be little evidence that drugs increase the risk of suicide and related

behavior” and that “numerous lines of evidence in adults clearly demonstrate that inadequate treatment of

depression (pharmacotherapy and/or psychotherapy) is associated with increased risk of suicidal behavior.”


In my opinion, based on years of research, the overwhelming body of scientific evidence indicates that

there is no link between SSRIs such as Prozac and suicide or violence. Having reviewed the medical and

psychiatric records of the Defendant, in my opinion, the amount of Prozac that the Defendant was taking was

not significantly high for a person of her age and was indicated for her diagnoses of manic depression and bi-

polar disorder. In my professional opinion, the Defendant was aware of her actions and engaged in some level of

pre-planning prior to the murder. There is no evidence to suggest that Prozac was the cause of the Defendant’s

actions in carrying out the murder of Benjamin Netlo.


_________________________________

Dr. Austin Miles


_________________________________





AFFIDAVIT OF DR. KATHRYN O’REILLY

STATE OF TEXAS §

COUNTY OF COCO §

My name is Dr. Kathryn O’Reilly. I am over the age of 18 years and I am otherwise fully competent to




I received a bachelor’s degree from Rice University and my medical degree from University of Texas

Medical School. I completed my first year residency in Psychiatry at Harvard teaching hospital and served as a

teaching fellow at Harvard Medical School. I completed my second and third year residency at the UT

Southwestern Medical Center. I have served as faculty at Harvard Medical School, (10 years), Johns Hopkins

University (5 years), and at the University of Texas Medical School (6 years). I am currently in private practice

(since 2007). My practice involves criminal, malpractice and product liability lawsuits (15%), full-time practice

with individuals – teens, children and adults (50%), and research in the area of clinical psychopharmacology

(35%).

I have served as a visiting lecturer at numerous Medical Schools and Medical Centers. I have also

served as a presenter at hundreds of seminars over the past 20 years on the issue of psychopharmacology,

psychotherapy in teens and children, and legal issues resulting from the use of SSRIs. I have presented at and

attended seminars on the FDA drug approval process and labeling of drugs, many of which dealt with adverse

drug reactions. I have also testified in U.S. House of Representative Hearings on the dangers of prescribing

psychiatric drugs to teens and children. In addition, I have published more than 100 journal articles in such

publications as the Journal of Psychiatric Medicine, the American Journal of Pharmacology, the International

Journal of Psychiatry, the American Medical Journal, and other related publications. Many of these articles

have related to violence and suicidality in teens and children as a result of SSRI use. I have published ten

books, two of which are directly related to the use of SSRIs to treat depressive disorders.


I am a member of the American Medical Association, the American Psychological Association, the

American Psychiatric Association, and the American Association of Psychopharmacology. I am licensed to

practice medicine in the State of Texas.

I have testified in more than 75 cases on the issues of violence and suicidality in teens and children,

diagnosis and treatment of depressive disorders, and psychopharmacology and adverse drug effects. I have been

designated an expert in Texas state court and in Federal Court. I charge $300/hour for review of records and

interviews and $500/hour for trial testimony.

To prepare for this trial, I interviewed Jenny Smith, her guardian Kara Smith, her childhood friend

Jamie Manning, school counselor Joanna Steblay, and her father Drew Smith. I also reviewed Jenny Smith’s

medical, psychiatric and school records since childhood. Based upon witness testimony and records, Jenny

Smith by all accounts was a pleasant, active child who was motivated in school and in her personal activities.

She had few medical issues throughout childhood and very few indications of psychological issues. Some

indications of minor depressive periods were noted in Jenny’s medical records at the time of major change in her

life – for example when her parents divorced, due to the loss of a long-time family pet, and when her father was

arrested and went to prison. There also appears to be some indication of mental illness on her father’s side of

the family. She had close relationships with many friends and a long-term friendship with Jamie Manning.

Jenny had an extremely close relationship with her mother and indications are that it was only after her

mother died that Jenny became withdrawn and first exhibited depressive behavior. Jenny began seeing a

psychiatrist in July 2011 at which time she was diagnosed with manic depression disorder and bi-polar disorder.

From the records, it appears that little to no testing was done by her psychiatrist prior to making this diagnosis. I

do not see any indication from Jenny’s medical or psychiatric records that she is bi-polar and would therefore

disagree with this diagnosis. Whether Jenny is manic depressive would take further investigation and testing;

however, it cannot be denied that Jenny suffers from major depression and that this condition to some extent lay

dormant, or at least was not a major issue until her mother’s death.

Jenny’s psychiatrist’s records indicated that on her first visit to the psychiatrist in July 2011, he

prescribed her 20 mg/day of Prozac. No violence, aggression or self-mutilation is indicated in Jenny’s records


prior to July 2011. Jenny saw her psychiatrist once a month in August, September and October and no changes

were made to the dosage of her prescription. There is no mention in Jenny’s psychiatric records about her self-

mutilation, sullenness or increasing aggressiveness. At Jenny’s November 2011 psychiatric visit, Jenny’s

psychiatrist increased her Prozac dosage to 40 mg per day. Records indicate that within two weeks Jenny’s

aggressive behavior increased and in December 2011 she attempted suicide by overdosing on painkillers.

The brain of a teenager is not fully developed. A person’s brain is not fully formed until around age 25.

Until that time, poor decision making and issues with self control are prevalent. The use of Prozac can lead to

greater incidents of violence in teenagers and studies have found that there is a direct correlation between Prozac

and violent side effects in juvenile females.

Adverse side effects from Prozac include anxiety, hypomania, mania, aggression, psychosis,

hallucinations and "akathisia", a drug-induced insanity with bizarre and frightening characteristics including

hallucinations, aggression, self-destructive outbursts, terror, anger, suicide, hostility, hatred and rage. Studies

have also revealed instances of persons becoming suicidal or violent after beginning Prozac. A study recently

published in the journal Behavioral Neuroscience indicated that children and adolescents who are prescribed

Prozac may experience violent behavior. Further studies have shown that teens and females are most at risk for

such side effects as impulsiveness, insomnia, agitation, irritability, suicide and violent events.

In 2004, the FDA began requiring that all SSRIs carry the agency's most serious "black box" warning,

which cautions that the drugs can cause suicidal thoughts or abnormal behaviors in teenage users. The Canadian

drug regulatory agency has also warned that Prozac is not authorized for use in children and that it can cause

"self-harm or harm to others."

In my opinion, Jenny Smith was not responsible for the death of Benjamin Neglo. She may have

wielded the knife but she did not have the mental capacity to know what she was doing at the time. While Jenny

exhibited depression related to the death of her mother, Prozac was not the answer. Beginning in July 2011

when Jenny was first prescribed 20 mg of Prozac per day, her life proceeded in a downward trajectory. When

Jenny’s psychiatrist was informed of Jenny’s increasing behaviors, he then doubled the prescription. Had

Jenny’s psychiatrist taken seriously her increasing behaviors and adequately treated her or discovered her self-


mutilation, Jenny could have received the help she needed. Had Jenny been hospitalized in November 2011

when it was discovered she was self-mutilating or committed for treatment after her suicide attempt in

December 2011 then the murder would not have happened. Patients who are prescribed SSRIs should be

carefully monitored, particularly during the months of initial use and immediately following dosage changes.

Jenny Smith did not receive careful monitoring in my opinion. Better care and better treatment for Jenny would

have yielded a wholly different result in my opinion.

Even had Prozac been the appropriate treatment for Jenny’s condition, the prescription increase to 40

mg/day of Prozac was too high a dosage for someone of Jenny’s age and condition. Jenny reports to me that at

the time of the killing, she felt as if she were in a dream or a trance. Today, in jail, Jenny is off Prozac and

receiving more appropriate treatment for her depression. She is remorseful of the event with Benjamin Netlo

and cries when discussing it. She reports that she has nightmares about the event and frequently sees

Benjamin’s face when she tries to sleep.

Jenny Smith began taking Prozac on the advice of a medical professional for the purpose of decreasing

her depression. She did not knowingly take a drug that would alter her behavior for the worse. While this may

not excuse what happened, in my opinion, it should be a factor in considering whether Jenny is guilty of any

crime. In my opinion, Prozac was a major contributing factor to Jenny’s actions.


_________________________________

Dr. Kathryn O’Reilly


_________________________________





AFFIDAVIT OF JAMIE MANNING

STATE OF TEXAS §

COUNTY OF COCO §

My name is Jamie Manning. I am 15 years old and I am otherwise fully competent to testify. I can

read, write and understand the English language. I am not under the influence of any drug or other substance

which would prevent me from fully understanding the nature of this Affidavit. All of the information in this

Affidavit is within my personal knowledge and is true and correct.

I have known Jenny Smith since kindergarten. I live at 2527 Penny Lane in Brookbend, Texas. Jenny

lived next door to me with her mother, Linda Smith. Jenny’s dad is in prison. I don’t know what he did exactly.

No one will talk about it but he has been there for a long time.

Jenny has always been my best friend and like a sister to me. We learned to read, write, ride bikes,

dance and put on makeup together. It has always been like her house is mine and mine is hers. We spent a lot

of time together during and after school and often had slumber parties on the weekends. Jenny was always one

of the smartest girls in our class. She was best in math and science and would always help me with my

homework since I don’t do so well in those subjects. But she was smart in other subjects also. She’s a really

good writer. Jenny made the school newspaper at the beginning of our Freshman year and that never happens.

Jenny was good at sports too. We ran track together in middle school and in our Freshman year. Even though

her hair is red, Jenny’s favorite color was still pink and she liked wearing dresses or skirts. Jenny was always

very girly.

Jenny’s mom died on May 31, 2011 at the end of our freshman year. Mrs. Smith had breast cancer and

had been sick for a long time. But it seemed like she was getting better and I don’t think Jenny expected her to

die. I sure didn’t. After her mom died Jenny’s aunt, Kara Smith became her guardian and moved into Jenny’s

house. Jenny’s aunt Kara seems like a nice lady but I don’t really know her. She works all the time and it

seems like she is hardly ever home. Jenny changed after her mom died. She didn’t want to do as much. We

still spent time together but she seemed so sad all the time. Jenny quit running with me and said she wasn’t

going to be on the school newspaper the next year. She would come to my house sometimes but I couldn’t get


her to go places with me anymore. We used to love to go to the mall but Jenny just wasn’t interested anymore.

Mostly she cried a lot and stopped doing things with her friends.

Jenny started going to see a psychiatrist in July 2011. She told me that her aunt was making her go

because her aunt got tired of hearing Jenny cry all the time. Jenny said her aunt didn’t think Jenny would be

able to go back to school unless she got some help. Jenny was put on some kind of medicine by her doctor. She

said it was supposed to make Jenny better and happier. To me it seemed that Jenny just got mean and scary.

Jenny really changed after she started seeing the doctor and taking the medicine. Everything about her changed.

The first thing I noticed, probably when we started back to school for our sophomore year in September 2011,

was that Jenny didn’t hang around me much anymore. She didn’t really hang around with anyone. She

wouldn’t sit with me at lunch and in class she would sit at the back of the room. She stopped turning in

homework and quit all the clubs she had been in during our freshman year. Sometimes I would hear her make

snide remarks in class too. She had to go to the principal’s office several times during the first month of school

and it didn’t get better during that semester. Jenny changed her look too. She quit wearing pink or other colors

and began wearing only black every day. Her clothes were weird too. I don’t know where she got them. I

know she got in a couple of fights with other girls at school too.

I know my mother talked to Jenny’s aunt about the changes in Jenny and suggested that maybe she

should see another psychiatrist. I heard Jenny’s aunt say that Jenny’s doctor was the best in Coco County and

that he had told her it would just take time for Jenny to adjust to the medicine and get over her mother’s death.

My parents were very concerned about Jenny but in November 2011, they told me that I had to stay away from

her because they didn’t want me around her when she was getting into fights and trouble at school. When I told

Jenny I couldn’t hang out with her anymore because of what was going on she hit me and then she told me she

didn’t need me anyway. I didn’t tell my parents because I didn’t want to get Jenny in trouble. Besides, I knew

it wasn’t her fault. Something was not normal about her and it hadn’t been since around July or August 2011.

You could see it in her eyes. She just didn’t seem right. It didn’t make any sense to me that in just a matter of

months she could go from crying and being sad all the time to always being mean and aggressive.


Jenny will always be my best friend even if we don’t talk anymore. I can’t believe what she did to that

little boy. I used to babysit him and he was so sweet. But still, that is just not the Jenny I grew up with.

Something is wrong with her and she needs help. She doesn’t need to go to jail. I just know she never would

have hurt Benjamin if she had been herself.

SIGNED THIS THE 1

st day of August, 2012

_________________________________

Jamie Manning


_________________________________





AFFIDAVIT OF JOANNA STEBLAY, LPC

STATE OF TEXAS §

COUNTY OF COCO §

My name is Joanna Steblay. I am over the age of 18 years and I am otherwise fully competent to testify.

I can read, write and understand the English language. I am not under the influence of any drug or other



I am a counselor working at Brookbend High School. I have been so employed from 2007 to the

present. I have a Bachelors Degree in psychology and a Master’s Degree in counseling from the University of

Texas. I am a licensed professional counselor and prior to working for Brookbend High School, I was employed

from 2000 to 2007 at Brookbend Hospital as a counselor.

I became familiar with Jenny Smith in the spring of 2011. In early February 2011, I received a phone

call from Linda Smith, Jenny’s mother. Mrs. Smith informed me that she had end stage breast cancer. She

wanted to let me know in hopes that the school could provide some support for Jenny. Mrs. Smith informed me

that Jenny’s father, her ex-husband, was incarcerated at Huntsville for assault with a deadly weapon and was on

year 10 of a 15 year prison sentence. She also told me that Jenny’s aunt, Kara Smith would be serving as

Jenny’s guardian, if and when such care should be needed. I sought Jenny out to see if she needed anything but

she seemed to be doing fine. Her grades were excellent. She was involved in a number of clubs and activities,

though there had been some small decline in her participation over the past month or so. She seemed to have a

number of good friends and a good support system already in place with them. I later heard that Jenny’s mother

died on May 31, 2011. Jenny missed the last few days of the school year but had already finished her finals and

earned her credits for her freshman year.

In August 2011, I was notified by Jenny’s guardian, Kara Smith, that Jenny was seeing a psychiatrist

and had been prescribed the drug Prozac for depression. According to Jenny’s aunt, Jenny had had a very

difficult summer and was prone to prolonged bouts of crying and had effectively isolated herself from everyone.


The psychiatrist and the medication were supposed to help her with this situation. I received a note from

Jenny’s doctor on the first day of school that she was taking 20 mg of Prozac per day.

As school got underway, I began to receive reports from Jenny’s teachers that she was not completing

homework assignments, was barely passing quizzes and tests, and tended to make remarks about her teachers

under her breath in class. I also learned that Jenny had quit every club and activity she had been involved in the

previous year. On three occasions during the fall of 2011, Jenny was sent to my office due to her behaviors.

In light of these changes in Jenny, I called her into my office for counseling several times in the fall of

2011. The first time I met with Jenny was on September 22, 2011 because she had failed to turn in her

homework in all of her classes for more than two weeks. Jenny’s attitude and demeanor were very different

than when I had met with her the previous spring. I noticed that she now wore all black and seemed to care very

little what had brought her to my office. While Jenny was not overtly rude or aggressive, I observed that her

demeanor was sullen and she spoke little. I attempted to discuss her behavior with her but made little progress.

I noted our visit in Jenny’s file and mailed a note to her guardian about my concerns with Jenny’s behavior.

After our first visit, I began keeping tabs on Jenny. I learned from her teachers that she had exhibited no

progress in her classes. She was still refusing to turn in assignments or participate in classes and barely wrote

her name on class quizzes, let alone fill in the answers. I also noted that Jenny continued to wear black on a

daily basis and did not seem to have any friends or care that she was alone.

My second visit with Jenny was on October 19, 2011 came about because she shoved a younger, smaller

student in the hallway. The student had to go to the nurse’s office because her hand was bleeding. The student

claimed that she had been shoved into a locker by Jenny. Jenny came to my office to discuss the situation and

insisted that she had not shoved the student but that the student had stepped in her way and that she (Jenny) had

accidentally bumped into her. There were no witnesses to this event so there was little I could do other than

attempt to talk to Jenny about the incident. Despite what Jenny had told me, I did not believe Jenny’s story.

Over the past month of monitoring Jenny, I had also observed an increase in aggressiveness on Jenny’s part. I

did not witness any aggressive actions but during that time period (September 22 to October 19, 2011), Jenny’s


attitude had become significantly more aggressive. I noted Jenny’s file about the incident and sent another note

home to Jenny’s guardian.

My third visit with Jenny came about on November 15, 2011. This time two girls reported Jenny for

fighting. Their story was that they had been talking in the quad area outside the school during lunchtime.

According to the girls, they had been discussing among themselves a friend’s mother’s successful battle with

cancer. Jenny who happened to be sitting nearby reportedly got up and kicked one of the girls in the back.

When the other girl intervened, Jenny repeatedly hit her. The two girls fought back and all three sustained

injuries. Jenny sustained some minor injuries to her arms, legs and torso in the fight and had to go to the school

nurse to be examined and have the injuries cleaned. I attended the examination as a witness and was shocked at

what I saw. Jenny had hundreds (probably close to 300) of self-incised scars on her body, one of which

appeared to be carved with metal from a spiral notebook and read “hate.” From the type of marks, it was clear

that Jenny was a cutter. There were also multiple burn marks that appeared to be self-inflicted. In my career as a

licensed professional counselor, this is the worst case of self-mutilation that I have ever seen. Most of the

wounds were healed indicating that the cutting had been going on for quite some time.

Because of Jenny’s obvious psychological issues stemming from her mother’s death, I convinced the

principal to only give Jenny in-school suspension for now rather than expelling her. I also directly contacted

Jenny’s guardian by phone this time. I learned that Jenny’s guardian had not received my prior notes. I

explained what had been happening with Jenny to her guardian. Her guardian told me that she would speak to

Jenny’s psychiatrist and see what changes needed to be made to Jenny’s treatment.

On November 28, 2011, I received a note from Jenny’s doctor that Jenny’s Prozac prescription dosage

had been changed to 40 mg per day and requested that the school remain in contact with Jenny’s guardian as to

any changes in her behavior. Only three weeks remained in the semester before the Christmas holiday. In that

time period, I did not observe any positive changes in Jenny’s behavior. If anything, she became more

withdrawn and sullen and verbally aggressive. While she was never caught by the faculty in any more

physically aggressive behavior, the buzz at school was that she was terrorizing certain freshman girls when no

staff or faculty members were around. We did not receive any reports on such behavior though I did double my


efforts to try to watch Jenny. I resolved to speak to Jenny’s guardian after school began for the spring semester.

I guess I waited too long. I learned that after the holiday break in December that Jenny had tried to commit

suicide. I visited her in the hospital and learned that she had swallowed a bottle of pills and tried to kill herself.

I tried to visit with Jenny but she refused to talk to me. It was obvious that she was very angry and sullen. I

worried whether she would be able to return to school for the spring semester. I was shocked to learn that Jenny

had been released from the hospital after only two days and had not been committed for further treatment.

In my review of Jenny’s elementary and middle school records as well as the records for her freshman

year at Brookbend High School, Jenny was always a happy, active and well-behaved student. She excelled in

virtually all her classes and participated in both academic and sports activities. It was not until the school year

beginning September 2011 that she began exhibiting any sort of negative or aggressive behaviors while at

school and ceased participating in her classes or in school activities.


_________________________________

Joanna Steblay, LPC


_________________________________





Brookbend Police Department Initial Police Report

Case #: 12-123456 Report Date: January 13, 2012 Page Number: 1

SYNOPSIS:

On January 7, 2012 at 5:30 p.m., the Brookbend 911 operator received a phone call from Karen Netlo

reporting that her child, Benjamin Netlo was missing. The Netlo family lives in Penny Park Estates. According

to Mrs. Netlo, her son Benjamin went across the street to Penny Park to play on the playground with other

neighborhood children at approximately 2:30 p.m. and never returned inside when she called for him at

suppertime. Benjamin Netlo was reported to be a seven year old, white, male child, born April 1, 2004. He

reportedly was wearing a long sleeved light green sweater, denim jeans, white socks and tennis shoes. Mrs.

Netlo said that she had been hesitant to allow Benjamin to go out and play with the neighborhood children

unsupervised but that she was working on a project and wanted to get it finished that afternoon. She walked

Benjamin to the door and saw that Benjamin’s young friends were accompanied by some older siblings who

routinely babysat neighborhood kids as well as some other older teens who appeared to be their friends. Mrs.

Netlo said she told the older kids and Benjamin that he needed to be back to the house by 4:30.

At 4:30 when Benjamin did not arrive home, Mrs. Netlo went out into the front yard and began calling

for Benjamin. When he did not come, she walked over to the park and began looking for Benjamin and the

other kids. None of the children or teens that had gone with Benjamin to the park were still around. Mrs. Netlo

began calling the homes of the children who had been with her son. None of the children or teens knew where

Benjamin was. He had not walked back from the park with them and they had assumed he went home by

himself earlier. At this point, Mrs. Netlo called 911.

Officers arrived at the scene within three minutes of the 911 call and began searching the area and

taking statements from Mrs. Netlo and the neighborhood children. Three young neighbor children (Annie

Howry, Carrie Jackson, and Johnnie “Pooh Bear” Holmes) were friends of Benjamin’s and were at the park

playground with him. Teenagers Beth Howry and Todd “Kukaburra” Jackson were also with the children.

I, Officer Donny Murray was the initial lead on the scene. I first interviewed Annie and Beth Howry.

Annie Howry (aged 7) and her sister Beth (aged 15) had accompanied Benjamin to the playground in the park.

According to Beth and Annie, the children had played on the playground for about an hour and then began to

play hide and seek. They did not remember seeing Benjamin after the game of hide and seek started and

thought he must have returned home early. They did not remember seeing anyone hanging around the children

who should not have been there. However, Beth acknowledged that she had been talking to her boyfriend Todd

“Kukaburra” Jackson and really hadn’t been paying attention to the children.

I then interviewed Carrie (aged 8) and Todd “Kukaburra” Jackson (aged 16). They too had walked to

the park with Benjamin and the other children. Carrie did not remember when she had last seen Benjamin.

Todd reported that most of the time at the park he had been talking to Beth Howry and wasn’t paying too much

attention to what was going on. He did say that he saw a girl about his age hanging around near the edge of the

lake but that she didn’t seem to be with anyone else. He thought she looked familiar and that she was “kinda hot

in a goth sorta way.” He described the girl as being about 5’5”, long bright red hair, pale skin, very blue eyes,

and wearing all black.

I then spoke with Johnnie “Pooh Bear” Holmes who told the officer that he too had seen a teenager

fitting the description provided by Todd Jackson but that he had not seen the girl near the playground and that he

only saw her for a moment. Johnnie stated that he and Benjamin were best friends and that they



Case #: 12-123456 Report Date: January 13, 2012 Page Number: 2 of 3

were playing Ben 10 on the playground but that when they fought over who would get to be Ben 10 and who

had to be Vilgax, Benjamin quit the game. Sometime later Leah and Todd started a game of hide and seek with

the children and Johnnie did not remember seeing Benjamin after that. He assumed that Benjamin must have

returned home.

While I canvassed the neighborhood and interviewed witnesses, other officers combed the park and the

lake. Divers were brought in and boats sent out on the lake to determine if Benjamin had perhaps wandered too

close to the water and fallen in. As night fell, the water search was called off but the neighborhood canvass

continued.

On the morning of Sunday, January 8, 2012 at 9:00 a.m., I took Detective Sergeant Amelie Hodges and

went to the home of Todd “Kukaburra” Jackson to obtain further information on the girl seen near the lake. I

felt that Todd’s description of the girl had been extremely specific for his only having seen her for a moment

and I thought that Detective Hodges should interview him. Detective Hodges pressed Todd for further details

and learned that Todd had talked to the girl at the snack bar several days prior and learned that her name was

Jenny. He stated that he did not know her last name but that he did have her phone number. Todd also told us

that he did not see any odd behavior from the girl either on the first occasion that they met or on January 7, 2012

at the park. Todd stated that on January 7, Jenny was hanging around the lake area nearest the woods and

seemed to be “just hanging around watching what was going on in the park.”

Using the phone number provided by Todd the Brookbend Police Department located the girl,

determined to be Jenny Smith. Detective Hodges and I arrived at the Smith home located at 2411 Penny Park

Lane in Penny Park Estates, Brookbend, Texas at 10:00 a.m. on Sunday, January 8, 2012 and took Smith to the

police station for an interview. Smith’s guardian was not home at the time. I left a message for Smith’s

guardian at her home and obtained her cell number and left her a message on her cell phone.

Smith admitted being in the park but denied having talked to or seen Benjamin. We took Smith back to

the park to show us where she had been the previous afternoon. Smith seemed very familiar with the park. As

we walked near the lake on the side nearest the wooded area, we came to a rectangular hole in the ground. As

she walked by, Smith kicked dirt into the hole and cursed softly under her breath. Detective Hodges asked

Smith about the hole and she admitted she dug it approximately five days prior and said “so what if I dug a hole.

Is that against the law? Nothing’s in there is it?” We called for officers to search the rest of the wooded area in

the park. The officers found a second, shallower hole dug in the same rectangular shape and used as a grave.

Benjamin Netlo’s body was found in the grave covered in about five inches of dirt and leaves. Benjamin

appeared to have been stabbed multiple times. An ambulance was called and Benjamin’s body was transported

to the Brookbend Hospital Morgue.

A diagram of the park showing the location of the empty hole and the grave is attached.

Smith was then taken to the Benbrook Police Station which also serves as a holding facility for juvenile

offenders who have been arrested. Detective Sergeant Hodges and I met with Smith and informed her that

Benjamin’s body had been found in close proximity to the hole that she had dug. At that point, Det. Hodges

called in a magistrate to issue Smith her 51.095 Miranda type warning in accordance with the Texas Family

Code. Detective Hodges also called in a Juvenile Officer, Leah Korte. Detective Hodges, Juvenile Officer

Korte and I then proceeded to take Smith’s statement. Juvenile Officer Korte encouraged Smith to tell the truth



Case #: 12-123456 Report Date: January 13, 2012 Page Number: 3 of 3

about what had happened. When interviewing Smith, she did not appear as if she had killed within the past 24

hours. She seemed lucid, calm and collected. She was not stand-offish but did not show much emotion either.

Smith was cooperative and gave answers that made sense and were easy to comprehend. Smith was not

psychotic or manic during the interview. She seemed to be in touch with reality. After a statement was taken

from Smith indicating that she indeed had lured Benjamin away from the playground, stabbed him multiple

times and then buried him, Smith was then arrested for the murder of Benjamin Netlo and another attempt was

made to contact her guardian to provide an update. We were still unable to reach Smith’s Guardian. Smith was

then transferred to a juvenile holding cell.

At 2:00 p.m. on January 8, 2012, the Brookbend Police Department obtained a search warrant to search

the home of Jenny Smith and Detective Hodges, Juvenile Officer Leah Korte and I proceeded to her home to

conduct the search. As we entered Smith’s room, there were pictures on the wall that were disturbing. One was

a hand drawn picture of a large knife labeled “my friend.” Other pictures were of serial killers Ted Bundy,

labeled “my love” and Charles Manson labeled “my hero.” Those pictures appear to have been printed off the

internet. A bloody knife was found between Smith’s mattress and box springs. The knife was bagged and sent

to evidence for processing. The blood on the knife was determined to belong to Benjamin Netlo. Smith’s

fingerprints were found on the knife’s handle.

Smith’s journal was located under her pillow. The first entry in the journal is dated December 1, 2010.

The journal entries from December 1, 2010 through early August 2011 appear to be fairly mundane teenage

writings and reflections. Beginning in early August 2011 the tone and content of the journal changed and Smith

began discussing violent thoughts and actions. Beginning in about November of 2011, the journal content

changed to both suicidal and violent thoughts and actions. These types of journal entries continued through

January 7, 2012. One entry discussed cutting and referred to knives and razor blades as if they were her

salvation. A journal entry dated January 1, 2012 stated: This is going to be my year. I’m going to finally do it.

New Year’s resolution: introduce my friend to someone. Now I just need to find the right kid. It better be soon

because I can’t wait. I want to know how it feels.” Another journal entry dated January 7, 2012 stated: Today I

did it. I killed the little brat. I slit his throat and stabbed him over and over. Now he’s dead and I feel great. I

didn’t think I could do it but it was easy once I started. I called him and he came right over. It’s like it was

meant to be. I wonder who is next. Maybe I’ll go back to the park to play. LOL.”

Having reviewed all the evidence collected and based upon the witness interviews the death of

Benjamin Netlo was premeditated by Jenny Smith. Smith dug two holes to serve as graves at least five days in

advance of the murder. In my opinion, this means that Smith thought about the murder prior to committing it.

Smith lured Benjamin away from the playground area and into the woods where she repeatedly stabbed

Benjamin with a knife until he was dead. Smith then buried Benjamin in one of the graves she had previously

dug and covered him with 5-6 inches of dirt and leaves after which she left the park and went home. In my

opinion, Smith’s actions were deliberate and pre-planned. In light of the results of the investigation, this case

should be referred to the District Attorney’s office for prosecution for Criminal Homicide.

Officer Signature

Report Approved By:

Date Approved:

January 13, 2012


PENNY PARK DIAGRAM

X = empty first hole XX = second hole; Netlo’s grave

∆ = where Smith was spotted on

the date Netlo disappeared


REPORT OF AUTOPSY Decedent Age Birth Date Race Sex Case No Benjamin Netlo 7 April 1, 2004 C M 12-654321

Type of Death Means ID By Authority for Autopsy

Homicide Stabbing Toe tag State of Texas

Present at Autopsy Detective Sergeant Amelie M. Hodges

FINDINGS

Anatomical Summary: 1. Sharp force wound of neck, left side, with transection of left internal jugular vein.

2. Multiple stab wounds of chest and abdomen: Penetrating stab wounds of chest and abdomen with right

hemothorax and hemoperitoneum.

3. Multiple incised wounds of left hand (defense wound).

4. Multiple abrasions upper extremities and hands (defense wounds).

NOTES AND PROCEDURES

1. The body is described in the Standard Anatomical Position. Reference is to this position only.

2. Where necessary, injuries are numbered for reference. This is arbitrary and does not correspond to any order

in which they may have been incurred. All the injuries are antemortem, unless otherwise specified.

3. The term "anatomic" is used as a specification to indicate correspondence with the description as set forth in

the textbooks of Gross Anatomy. It denotes freedom from significant, visible or morbid alteration.

Comment: The case was reviewed by Joshua Sapp, M.D.

CAUSE OF DEATH: Multiple Stab Wounds

The facts stated herein are true and correct to the best of my knowledge and belief.

Brookbend Medical January 10, 2012

Examiners Complex 10:15 a.m.

Joshua Sapp, M.D., Chief Medical Examiner Location of Autopsy Date and Time of Autopsy

Brookbend Medical Examiner Form 1-A Report of Autopsy Page 1 of 6


EXTERNAL EXAMINATION DESCRIPTION Height Weight Eyes Hair Rigor Livor Body Heat 44.5” 52.6 lbs Brown Brown 0 1 Warm

Pronounced: 1:00 p.m. January 8, 2012

Dispatch Notified: 5:00 p.m. January 7, 2012

M.E. Notified: Yes

Body Found by: Brookbend Police

Body Viewed by M.E.? Yes

EXTERNAL EXAMINATION:

The body is that of a well-developed, well nourished, Caucasian male stated to be 7 years old. The body weighs

52.6 pounds, measuring 44.5 inches from crown to sole. The hair on the scalp is brown and straight. The irises

appear hazel with the pupils fixed and dilated. The sclerae and conjunctive are unremarkable, with no evidence

of petechial hemorrhages on either. Both upper and lower teeth are natural, and there are no injuries of the gums,

cheeks, or lips.

There are no deformities, old surgical scars, or amputations.

Rigor mortis is fixed.

The body appears to the Examiner as stated above. Identification is by toe tag and the autopsy is not material to

identification. The body is not embalmed.

The head is normocephalic, and there is extensive evidence of external traumatic injury, to be described below.

Otherwise, the eyes, nose, and mouth are not remarkable. The neck shows sharp force injuries to be described

below. The front of the chest and abdomen likewise show injuries to be described below. The genitalia are that

of a circumcised male child

Examination of the posterior surface of the trunk reveals no antemortem traumatic injuries.

DESCRIPTION OF CLOTHING: The clothes were examined both before and after removal from the body. The decedent was wearing a long-

sleeved light green sweater; it was extensively bloodstained.

On the front, lower right side, there was a 1 1/2 inch long slit-like tear. Also on the lower right sleeve there was

a 1 inch slit-like tear. On the back there was a 1/2 inch slit-like tear on the right lower side.

Decedent was wearing a pair of denim jeans bloodstained. The decedent also was wearing socks and tennis

shoes.



EVIDENCE OF INJURY: SHARP FORCE INJURIES OF NECK:

1. Sharp force injury of neck, left side, transecting left internal jugular vein. This sharp force injury is complex,

and appears to be a combination of a stabbing and cutting wound. It begins on the left side of the neck, at the

level of the midlarynx, over the left sternocleidomastoid muscle; it is gaping, measuring 3 inches in length with

smooth edges. It tapers superiorly to 1 inch in length cut skin. Dissection discloses that the wound path is

through the skin, the subcutaneous tissue, and the sternocleidomastoid muscle with hemorrhage along the wound

path and transection of the left internal jugular vein, with dark red-purple hemorrhage in the adjacent

subcutaneous tissue and fascia. The direction of the pathway is upward and slightly front to back for a distance

of approximately 4 inches where it exits, post-auricular, in a 2 inch in length gaping stab/incised wound which

has undulating or wavy borders, but not serrated. Intersecting the wound at right angle superior inferior is a 2

inch in length interrupted superficial, linear incised wound involving only the skin.

The direction of the sharp force injury is upward (rostral), and slightly front to back with no significant

angulation or deviation. The total length of the wound path is approximately 4 inches.

Opinion: This sharp force injury of the neck is fatal, associated with transection of the left internal jugular vein.

2. Sharp force wound of the right side of neck. This is a complex injury, appearing to be a combination stabbing

and cutting wound. The initial wound is present on the right side of the neck, over the sternocleidomastoid

muscle, 3 inches directly below the right external auditory canal. It is diagonally oriented, and after

approximation of the edges measures 5/8 inch in length; there is a pointed or tapered end inferiorly and a split or

forked end superiorly approximately 1/16 inch in maximal width. Subsequent autopsy shows that the wound

path is through the skin and subcutaneous tissue, without penetration of injury of a major artery or vein; the

direction is front to back and upward for a total wound path length of 2 inches and the wound exits on the right

side of the back of the neck, posterior to the right sternocleidomastoid muscle where a 2 inch long gaping

incised/stab wound is evident on the skin; both ends are tapered; superiorly there is a 1 inch long superficial

incised wounds extension on the skin to the back of the head; inferiorly there is a 2 inch long incised superficial

skin extension, extending inferiorly towards the back of the neck.

There is fresh hemorrhage and bruising along the wound path; the direction, as stated, is upward and slightly

front to back.

Opinion: This is a nonfatal sharp force injury, with no injury or major artery or vein.

DESCRIPTION OF MULTIPLE STAB WOUNDS:

On the right side of the chest adjacent to the stab wound there are multiple, irregular, brown abrasions consistent

with ant bites.

3. Stab wound of right side of chest.

The stab wound is located on the right side of the chest and 2 inches from the back of the body; it is vertically

oriented and after approximation of the edges it measures 5/8 inch in length. Inferiorly there is a squared off or

dull end approximately 1/32 in length; superiorly the wound is tapered.

Subsequent autopsy shows that the pathway is through the skin, the subcutaneous tissue, and through the right

7th rib at the approximately midaxillary line where the rib is totally incised. Thereafter, it enters the right pleural



cavity which at the time of autopsy contains approximately 100-200 ml of predominantly liquid blood. The path

is through the lateral base of the border of the right lower lobe as the path is through the pleura and the

immediately subjacent pulmonary parenchyma which is hemorrhagic; the pleural wounds are approximately 1/2-

3/4 inch in length; thereafter the pathway is from right to left and back to front and through the pleural cavity

where the wound path terminates on the anterior rib cage where a 3/4 cutting wound is found on the posterior

aspect of the right 4th rib anteriorly at the approximate midclavicular line; there is overlying bruising in the

adjacent intercostal musculature. Estimated length of the total wound path is 4 inches and as stated the direction

is right to left and back to front with no other angulation measurable.

Opinion: This is a fatal wound associated with perforation of the right lung and a hemothorax.

4. Stab wound of right side of chest.

This wound is located on the right side of the chest, 2 inches from the back of the body. After approximation of

the edges it measures 1-1/2 inches in length and is diagonally oriented; the posterior aspect is dull or flat,

measuring 1/32 inch and the anterior aspect is pointed or tapered.

Subsequent autopsy shows that the wound is through the skin, the subcutaneous tissue, and the intercostal

musculature and it penetrates into the pleural cavity through the 8th right intercostal space without striking rib.

Thereafter the pathway is similar to stab wound #1 as it passes obliquely through the pleura and subjacent

hemorrhagic parenchyma at the base of the right lower lobe; 1/2 inch and 3/4 inch pleural cuts are evident both

posteriorly and anteriorly. No other terminating point is evident.

There is fresh hemorrhage and bruising noted along the wound path as well as the hemothorax described above.

The direction is right to left with no other angulation or deviation determined because of absence of fixed

reference points. Estimated minimum total depth of penetration is 2-3 inches.

Opinion: This is a fatal stab wound associated with perforation of the lung and hemothorax.

5. Stab wound of left side of abdomen.

This is a transversely oriented stab wound on the left side of the abdomen. After approximation of the edges it

measures 3/4 inch in length with the anterior end pointed or tapered and the posterior end forked or split.

Subsequent autopsy shows that the wound passes through the skin, the subcutaneous tissue, and through the

retroperitoneal tissue which is hemorrhagic; the pathway is through the left ilio-psoas muscle associated with

fresh hemorrhage and bruising. The path is from left to right and slightly back to front; the wound path

terminates in the abdominal aorta approximately 1-1/4 inches proximal to the bifurcation. Two perforating 1/2

inch wounds are seen in the wall of the aorta with surrounding para- aortic hemorrhage. In addition to the

retroperitoneal hemorrhage, including hemorrhage into the mesocolon, approximately 100 ml of liquid blood is

found free within the peritoneal cavity.

In addition to the fresh bruising and hemorrhage along the wound path the entire length of the wound path is

approximately 5-1/2 inches.

The direction is left to right, and a slightly back to front direction with no other angulation or deviation evident.

Opinion: This is a fatal stab wound associated with perforation of the abdominal aorta with retroperitoneal and

intra-abdominal hemorrhage.



6. Stab wound of the right upper chest, lateral border of right clavicle.

This vertically oriented superficial stab wound or incised wound is located on the lateral border of the right

clavicle, is vertically oriented, and measures 1/2 inch in length; involves the skin and subcutaneous tissue;

inferiorly the wound is split or forked and superiorly it is tapered or pointed. It should be noted that all of the

split or forked ends of the previously mentioned stab wounds overall measure approximately 1/16 to 1/8 inch in

overall width. There is a small amount of fresh cutaneous hemorrhage.

No direction can be evident except for front to back, inasmuch as it is superficial.

Opinion: This is a nonfatal superficial stab wound or cutting wound.

SHARP FORCE INJURIES OF HANDS:

7. On the palmar surface of the right hand, at the base of the index finger, there is a cutting or incised wound,

3/4 inch in length and 1/2 inch deep involving the skin and subcutaneous tissue with hemorrhage in the margins.

Both ends are rounded or tapered.

Opinion: This is compatible with a defense wound.

8. On the palmar surface of the right hand, just proximal to the web of the thumb, there is a triangular or Y-

shaped cutting wound measuring 1/2 inch in length maximally and 1/4 inch deep with hemorrhage at the

margins.


9. On the palmar surface of the left hand at the web of the thumb, there is a 3/4 inch in size or cutting wound

involving the skin, and subcutaneous tissue; it is approximately 1/4 inch deep with hemorrhage at the margins.

Both ends are tapered or pointed with smooth edges similar to the 2 wounds described above.


INTERNAL EXAMINATION The body is opened with the usual Y-shaped thoracoabdominal incision revealing the abdominal adipose tissue

to measure 1/2 to 3/4 inch in thickness. The anterior abdominal wall has its normal muscular components and no

blunt force injuries are evident. Exposure of the body cavities shows the contained organs in their usual

anatomic locations with their usual anatomic relationships. The serosal surfaces are smooth, thin, and glistening

and the free blood within the peritoneal cavity due to the stab wound as previously described; this also includes

the left retroperitoneal hemorrhage, hemorrhage into the left ilio-psoas muscle, and the mesocolon.

INTERNAL EVIDENCE OF INJURY:

Aside from the stab wounds of the chest and abdomen, there are no other internal traumatic injuries involving

the thoracic or abdominal viscera.



SYSTEMIC AND ORGAN REVIEW

Autopsy findings, or lack of them, considered apart from those already stated. No abnormalities were found

upon review.

TOXICOLOGY

A sample of right pleural blood as well as bile are submitted for toxicologic analysis. Stomach contents are

saved.

PHOTOGRAPHY/DIAGRAMS

In addition to the routine identification the attached diagram (Form 25-F) indicates the position of the stabbing

wounds.

OPINION

The decedent sustained multiple sharp force injuries, including multiple stab wounds involving the chest and

abdomen; multiple incised-stab wounds of the neck; and multiple incised or cutting wounds. Fatal wounds were

identified involving the neck where there was transection of the left internal jugular vein and stab wounds of the

chest and abdomen causing intrathoracic and intraabdominal hemorrhage.

Of note the cutting wounds of the left and right hands, compatible with defensive wounds. In addition there were

a number of blunt force injuries to the upper extremities and hands, likewise compatible with defensive wounds.

The remainder of the autopsy revealed a normal, healthy male child with no congenital anomalies. Routine

toxicologic studies were ordered.



DIAGRAM OF BODY

7, 8, 9 = defensive wounds

← = point indicates direction of exit wound

◄= flat side indicates direction of entrance wound

Brookbend Medical Examiner Form 25-F Diagram of Male Child Page 1 of 1

ANTERIOR POSTERIOR


MURDER WEAPON

You are instructed to print out two copies of this picture of the knife. Cut out the knife picture on both copies

and glue the knife pictures onto the front and back of cardboard or some other heavy paper material so that the

picture doesn’t bend (do not use metal of any kind). You may laminate the finished product. The finished

product you should be using at district and at state is a cut out of a knife that you can enter in evidence as the

murder weapon. Any issues or concerns with this should be immediately e-mailed to [email protected].

mailto:[email protected]


JOURNAL ENTRIES


KNIFE PICTURE FROM WALL