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The Honolulu Advertiser
Updated at 2:51 p.m., Wednesday, October 8, 2008

ACCUSED JUVENILE KILLER IN COURT
Boy makes court appearance in '07 homicide

Advertiser Staff

Hawaii news photo - The Honolulu Advertiser

Vernon Bartley, 16, appears in District Court this morning with his attorney, Jeffrey Hawk, to answer charges in connection with the killing and sexual assault of an ‘Ewa Beach neighbor last year. The teen will stand trial as an adult.

RICHARD AMBO | The Honolulu Advertiser

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A 16-year-old boy who is being tried as an adult in the May 2007 murder and sexual assault of an 'Ewa Beach woman appeared in court today to answer charges in the case.

Vernon Phillip Bartley, wearing ankle shackles and dressed in tan shorts, a tan polo shirt and slippers, made his initial appearance in District Court this morning before Judge Edwin C. Nancino. Bartley didn't speak at the hearing.

Defense attorney Jeffrey A. Hawk said he expects Bartley to be indicted before a preliminary hearing that was scheduled for Friday afternoon. He also said Bartley will most likely be held in some sort of solitary confinement while awaiting trial.

Hawk said federal laws regarding sight and sound restrictions for juveniles in jail will mean his client "won't be put in with general population," Hawk said. "In these sorts of situations in the past someone is usually held in solitary confinement."

Family Court waived its jurisdiction Tuesday on the case.

Prosecutors yesterday charged Bartley with first- and second-degree murder, second-degree sexual assault, second-degree robbery, first-degree burglary, unauthorized control of a motor vehicle, unauthorized possession of confidential personal information, second-degree unauthorized computer access , fraudulent use of a credit card, and credit card theft.

Bail has been set at $500,000.

This morning, Hawk said his client was a "little bewildered."

"He's a little young and we're trying to get him through this without traumatizing him too much," Hawk said. "No one does something like this without reason. I will bring that up at a later point. There are factors that have driven this case that haven't been brought to light. A lot of factors that will be brought up at the trial."

Bartley's parents and family did not attend today's court appearance, but Hawk described them as "heartbroken" and said he is constant communication and working closely with them.

Hawk also addressed the public about youths who get into trouble.

"If people are genuinely worried about this sort of thing happening, they should take the time to donate to the Boys and Girls Club, any youth organizations like the YMCA or that sort of thing," he said. "Those are the organizations that stop this sort of thing. They keep youth in school, involved and out of crime."

Bartley is accused of killing Karen Ertell, 51. Police arrested Bartley, then 15, the day after the crime after his father called police to turn him in. Ertell's body was found inside the home by her boyfriend and her daughter after co-workers reported she had not come to work and her Volvo sedan was found at Geiger Park.

Ertell, the owner of Koko Crater Coffee Roasters in Kaka'ako, was scheduled to testify against Bartley in a separate burglary case before her death.

Police described the murder as "very well-planned, very well-executed," and called it "heinous and outrageous."

Bartley admitted to planning the offense, said he acted alone, and that he waited for Ertell in the carport of her residence, according to a police affidavit filed in the case.

After Bartley was arrested in 2007, law enforcement officials said he had a juvenile record of at least 10 arrests. The youth came to Hawai'i with his family from New Zealand in 2005.

According to the police affidavit, Bartley admitted to choking Ertell. He also admitted to taking cash and credit cards from Ertell's wallet as well as her telephone, iPod and 2006 Volvo, the affidavit said.

Bartley, however, denied having sex with Ertell. But DNA evidence recovered from a condom matched Bartley's, police said.

It's only been in the past 10 years that defendants as young as 15 could be sent to the adult criminal justice system. In 1997 state lawmakers passed a law that allowed 15-year-olds to be treated as adults in serious felony cases.

Previously, all youths under 16 had to be treated as juveniles and released at age 19, no matter what the crime, according to Family Court officials.