In criminal cases involving juvenile suspects, judges may release them to family custody even when facing serious charges like murder, if the suspect demonstrates consistent court attendance and no flight risk behavior, as demonstrated when a 16-year-old suspect in the Anna Kepner murder case was released to his family after a federal judge determined he was not a flight risk despite the government's arguments about danger to society.
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Anna Kepner's stepbrother, murder suspect released from federal custodyAdded:
But we want to get you up to date because of a major development in the Anna Keaptainner murder case. She's the Titusville teen who was found dead on board a cruise ship last November. Uh today in court, her stepbrother, the main suspect in Keeper's murder, appeared uh for a hearing and has now been released to his family yet again.
Joining us live now to talk about this these latest developments, we've got Fox 35's Esther Bower, who is live inside the federal courtroom today in Miami.
Esther, kind of walk us through here uh what happened inside that federal courtroom.
>> Garrett, so this hearing started around 10 and it didn't wrap up until around noon. It actually took quite some time to get through. And the reason we were here is because the government was arguing this suspect needs to be behind bars until trial. We are talking about some of the most heinous crimes. He is being charged with the alleged rape and murder of his stepsister while on a family vacation. The government tried to make the argument he is a flight risk knowing that he could face life behind bars, life in prison. he could try to get out of the area, flee town, just run away. Also, that he poses a danger and a threat to the rest of society. Now, a judge heard that argument and even told the government this was a convincing case, but did not decide to detain him immediately. So, as you said, this 16-year-old suspect, really the only suspect in this alleged cruise ship murder of Anna Keaptainner, walked out free with his family, not in any cuffs.
So, what a judge is wanting to see happen is he wants a lists of all the places where he could stay closer to his family in Hernando County. He didn't feel at this time it was right to keep him housed here in South Florida in the Miami uh location. So, he's asking for a marshall to go and make a list of places he could stay, that would be safe, that he would have the needed resources, that would be closer to Hernando County. That is why he was released. But the judge also said, "I don't agree with the government's argument that he is any kind of flight risk." Keep in mind, he's been out, you know, walking free just with a GPS monitor on on uh himself since February. That was when these charges first came down. He was released to stay with uh another family member.
So, he's been out going to school, going to work, being with family since those charges first came down. And so, a judge said, "I don't really see the argument that he is a a flight risk. He showed up here. He was in court. He sat through the entire hearing with his father and some other family also there, but he did attend and he did not try to flee. So, he isn't so sure he is a flight risk, and we're still waiting to see if a judge will make the final call that he is a danger based on some of the facts that the government made in their case going forward. But we do want to get some video up on your screen because we were there when he walked out, not in cuffs, with his family, with his public defender team, and we're trying to understand what happened on that cruise ship. Take a listen. We tried to ask him some questions but didn't get far.
>> Timothy, do you have anything you want to say? Did you kill Anna in that cruise ship?
>> What happened in that cabin?
>> Timothy, is there anything you want to get out there? Are you being wrongly accused? Did you not kill Anna? Anything the family wants to say? Anything that you want to say?
>> He's got nothing to say off.
>> Do you have any comment you want to say defending him?
>> There's nothing that we can say right now. The case is still pending, but he's got nothing to say.
>> How do you feel that he's being able to go back to his family?
>> We're not making any We're not making any further.
>> The judge ruled in >> We're not making any further comment.
>> Is he being wrongly tried >> once that further comment is not getting through?
>> Okay, we're done. Thank you. Yes. Where are you?
>> So, Garrett, you can see tight lipped from his public defense team as well as his family as well as him. He had nothing to say about this case and what allegedly happened on that cruise ship.
Now, we did get some new details that we didn't know about what was going on in that uh cabin. They were pouring through surveillance footage and they we didn't never knew this but allegedly there is surveillance footage of this suspect.
The following day, again, this happened in the late to overnight hours. The following day, he is on surveillance footage walking around this cruise ship and eventually throwing Anna's cell phone into a garbage can. So that is all on surveillance that the government said when this is eventually tried the jury will see that. Um but I do want to point out that his defense ultimately says all the government has right now is a theory but there are gaps in their case. And one point of note is in a massive transcript that was just released 145 pages of people documenting all of the teams that have been part of this case.
A question was asked, are there any is there any DNA any fingerprints on Anna from when she was allegedly strangled to death? And there is no DNA of the suspect that we're being told that the government has even uh testified of who actually strangled Anna. So, his defense is ultimately saying these two teens could have had sex and they did find his semen in Anna. But they're saying there are gaps in the government's case because important details like that, like why is there no DNA evidence that he was the one that choked her and ultimately killed her. So, we are preparing to go uh to trial September Garrett is when this is allegedly happening. We are still waiting for this judge to make a final ruling after he receives a list, like we said, from the marshall's office on where they could keep him closer to home. He really thinks for his mental well-being, his age, he needs to be housed closer to family, not housed here in South Florida. So, we will be tracking that closely, but still proceeding to trial and still as we speak, this suspect walking free.
>> And Esther, it is interesting that um that this suspect is released. is I know you've talked to a number of legal analysts and experts in the months that that you've been covering this. Is that is that simply because he's a teenager?
I I mean you would not see uh similar circumstances in uh you know similar circumstances, similar accusations against um another suspect who is an adult. uh it would be very unlikely that they would be out of jail ahead of this trial. So, what are you hearing from the the experts and analysts that you've been talked to about that? Is it simply because he's a a a 16-year-old, even though he's being tried as an adult here?
>> Everyone we talked to, and I even just spoke with some of those sources a few moments ago, they're just saying this is absolutely crazy. They really feel like they've never been part of a case with these circumstances. And even the government brought that up. They said, "Look, I was doing this 20 years before I moved into these federal cases. If this was a juvenile facing, again, alleged attempted rape and murder, or actually not attempted, alleged rape and murder, if this was a child facing those crimes and was being tried by the state of Florida instead of the federal government, even under the state uh policies, they would be held behind bars until trial." And I think what makes this case so unique is you rarely see the FBI courts getting involved with kids. Quite frankly, they're not a fan of prosecuting children. So, there just isn't much to go off of for us to have a juvenile, a 16-year-old facing adult charges being tried in the federal court. Just not a lot uh to go off of.
They're trying to pull uh case law from other cases that they have seen tried, but all the experts that we've spoken with say it is absolutely mind-boggling that someone facing these charges, two of the worst charges that you can face where you can again face life in prison to just be walking free. But a judge, like I said, said, "Hey, you made a great argument, but I want to make sure we're going to follow this through. were going to follow all the statutes perfectly and that's why at this point he just didn't feel comfortable locking him up.
>> So, last thing here, Esther, what's next in this? I know you said right now we're still on a path to to go to trial here.
There are some uh other things that have to happen uh more immediately. So, what's what's next in this?
>> So, we're really going to wait to see. A judge said he just didn't feel comfortable making an ultimate filing right now. So, what he's asked the Marshall's service to do is to go look at Hernando County and the specific areas there. Where can they safely house this juvenile who is facing these charges but can be housed closer to home, whether that's a county jail?
There was talk about possibly some kind of foster home, but they need the Marshall Service to find a place closer to home because the options that were put on the table today were all for right here, Miami and South Florida. So, we're waiting for that final hearing.
And then Garrett, we have 145 pages of a transcript that we are weeding through right now breaking down what the FBI found, what the suspects have said, what people on that cruise ship have said, all the evidence the government has building this case. So, as soon as we hop off here, we're going to start reading that. This was an unsealed transcript that just happened. Like we said, 150 pages almost. So reading through that, I'm sure we'll see additional hearing dates, some pre-trial hearings, but like you said, as of right now, heading to trial and September is the time frame that we have right now.
>> Fox 35's Esther Bower joining us live from Miami. We appreciate you giving us the very latest uh from Miami and outside that federal courthouse this afternoon.
We'll keep you posted.
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