Or at least, not guilty. That’s the plea Brandon McInernery (pictured above), now 15, entered yesterday in superior court, where he stands accused of (among other things) last February’s shooting murder of then-classmate Lawrence King. He’s being tried as an adult, though his defense counsel is trying to prohibit it.
McInerney’s lawyers, Scott Wippert and Robyn Bramson, filed a legal motion Thursday to dismiss the special circumstance of lying in wait that was tacked onto the felony criminal charges by prosecutors after a three-day preliminary hearing.
Attaching a lying in wait special circumstance to a murder charge in a juvenile case, by law, automatically transfers the case to adult court.
Wippert and Bramson allege that the district attorney is engaging in prosecutorial vindictiveness by filing the special circumstance. Wippert said it was done to prevent defense attorneys from challenging in court whether McInerney’s case belongs in adult court and whether the district attorney’s office abused its discretion by prosecuting him as an adult.