"We are obviously very pleased with the ruling today. Ms. Leen should never have been charged in this case."

(Leen)

"We are obviously very pleased with the ruling today.  Ms. Leen should never have been charged in this case," said Deputy Public Defender Casey Russo.



"Murder requires that a person act with malice aforethought, meaning that the person has to act with the intent to kill or with a conscious disregard for the life of another.  The prosecution also must prove that the person’s act actually caused the death or knowingly aided another person in causing death.  There is simply no competent evidence in this case that Ms. Leen acted with malice aforethought or that she did any act that caused Mr. Brocious’ death or knowingly aided anyone in causing Mr. Brocious’ death.  To the contrary, there was evidence that Ms. Leen was trying to help quash the conflict between the juveniles by trying to help find the cell phone that was at issue."

"There was no evidence whatsoever that Ms. Leen ever said or did anything on August 9 that would suggest an intent on her part to cause harm to anyone, let alone death.  Furthermore, there also evidence the that physical altercation between he juveniles that led to the tragic stabbing of Mr. Brocious occurred a significant distance away from Ms. Leen, and occurred in an area that was pitch dark, with little to no visibility. "

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