Defense seeks dismissal of charges for father charged with son's murder in New Kensington

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 required evidence to the defense.

“We might have been ready (for trial) if we have had all the information we requested,” McGrew said.

Assistant District Attorney Leo Ciaramitaro argued that defense-requested postponements pushed back the deadline for a trial to begin until this fall, in October.

Common Pleas Court Judge Meagan Bilik-DeFazio ordered prosecutors to present evidence at a hearing next month to support their position that delays in the exchange of evidence were a result of good faith efforts to produce materials in the possession of outside agencies and not due to bad faith and intentional delays.

Prosecutors said they will seek the death penalty against Charles, claiming that capital punishment is warranted because his victim was a child and that he was subject to a court order that prohibited him from having any contact with his son.

According to evidence presented in prior court hearings, prosecutors contend Charles was allowed by his former wife to watch their son and three daughters in defiance of the court order.

Charles previously pleaded guilty to assaulting the boy in 2019 and was charged with doing so again in November 2021, according to court records.

Luella Elien, 32, of New Kensington, the boy’s mother, was charged in 2022 with aggravated assault, child endangerment and hindering the prosecution in connection with allegations she knew about the court order barring Charles from having contact with her son but allowed him to stay in her home.

The case against Elien, who officials confirmed is cooperating with prosecutors, is pending. She is free on $50,000 bail.