Before his guilt or innocence is determined, Jordan must be decertified as an adult and his case remanded to the juvenile court.
January 29, 2010 A hearing was held to determine whether Jordan will be tried as an adult or a juvenile. The court heard testimony from psychologist Dr. Kurt Heilbrun and staff members of the detention center where Jordan is being held about Jordan’s “amenability to rehabilitation.” The hearing was continued 30–45 days in order for the prosecution to do its own psychological evaluation.
March 29, 2010 Judge Dominick Motto ruled that Jordan’s petition for transfer from criminal court to Juvenile Court was denied. As justification for his ruling, Judge Motto agreed with the prosecution’s novel argument that Jordan’s continued claim of innocence prior to adjudication of the question of guilt or innocence demonstrated a lack of remorse that therefore showed that Jordan was “not amenable to rehabilitation.”