Lawyers for a Brackenridge man who faces a potential death penalty for the alleged murder of his 9-year-old son in New Kensington claim prosecutors violated the state’s standard for a speedy trial. They asked a Westmoreland County judge Tuesday to dismiss homicide and other related charges against Jean Charles, 44, who has been in jail since September 2022. “We’re asking for the case to be dismissed,” said Westmoreland County Public Defender Wayne McGrew.
“The law is the law. They have to bring a case in a timely fashion. The law doesn’t differentiate between a death penalty case, a homicide or a DUI.
” Charles was charged with first-degree murder, strangulation, unlawful restraint, concealing the death of a child, abuse of a corpse and tampering with evidence counts in connection with the death of his son. The body of Azure Charles was found in May 2022 near his home at East Ken Manor in New Kensington. Police claim the boy’s father, Jean Charles, strangled the boy, then dragged his body over an embankment and tried to hide it under lawn furniture.
Pennsylvania’s speedy trial rights requires prosecutors to bring cases to trial within six months for defendants in jail and up to a year for those who are free on bond. Defense-prompted delays can extend the time requirements. McGrew argued the time prosecutors have had to bring the case to trial has expired.
He said the postponements were caused because the district attorney’s office was tardy in turning over .
