Defense questions DNA evidence, proposed death penalty in New Ken case of father accused of killing son

Attorneys for a Brackenridge man accused of murdering his 9-year-old son in New Kensington argued Wednesday in Westmoreland County Court that homicide charges against their client should be dropped, as they took issue with DNA and other evidence prosecutors have indicated links him to the crime.

Public defenders Wayne McGrew and Michael Garofalo also argued against the county District Attorney’s Office pursuing the death penalty against 42-year old Jean Charles.

Garofalo called into question DNA samples from a shovel that is among evidence in the case.

“It shouldn’t be used,” he said, indicating a related report fails to establish a strong likelihood of a DNA match between the shovel and his client.

Assistant District Attorney Leo Ciaramitaro countered that the issue of interpreting DNA results should be addressed in cross-examination of expert witnesses at trial, not in a pretrial motion.

Garofalo also argued prosecutors haven’t established the shovel is linked to the death of Charles’ son, Azuree, or to the site where the boy’s body was found.

Prosecutors entered into evidence a video they have said shows Charles walking, with a shovel and Azuree’s bicycle, in the hours and locations near where police believe the killing took place.

According to prosecutors, an autopsy found Azuree was strangled with something such as a cord. The boy’s body was found on May 4, 2022 near his home — behind a shed and over an embankment, with lawn furniture and a cooler on top of him.

Ciaramitaro brought to Judge Meagan Bilik-DeFazio’s attention the fact that, before Charles was accused of murder, he was charged with punching his son in the eye — a case that remains to be resolved.

Garofalo argued case law restricts the introduction of prior outstanding charges in a case involving the death penalty.

Charles’ legal team told the judge the District Attorney’s Office shouldn’t be seeking the death penalty for their client. The defense attorneys claimed a racial concern as they requested an evidentiary hearing to address the matter.

They pointed out Charles is Black, as was his late son, while they said county prosecutors did not seek the death penalty in a similar homicide case in 2023 involving parents and a child who are white.

Prosecutors vehemently denied any such racial bias. They pointed out a difference in Charles’ case: he was under a court order not to have contact with his son.

“You would have to have prosecutorial misconduct before there could be any evidentiary hearing,” Judge Bilik-DeFazio said.

The judge directed the defense attorneys to file briefs supporting their motions after they receive pertinent case transcripts.

Jean Charles also is charged with abuse of a corpse, unlawful restraint of a minor by a parent, strangulation, concealing the death of a child and tampering with physical evidence.

Azuree Charles’ mother, Luella Elien, 31, now of Pittsburgh, was charged with aggravated assault, child endangerment and hindering prosecution in connection to allegations she allowed the boy’s father to have contact with their son despite court-ordered restrictions.

She allowed him to stay in the family home at East Ken Manor in New Kensington.

Elien is free on $50,000 bail as she awaits disposition of her case and is said to be cooperating with prosecutors.