CLEVELAND — A 10-year-old girl accused of assaulting a 5-year-old was arraigned Wednesday morning in juvenile court before Judge Kristin Sweeney. The arraignment of the 9-year-old boy, who also stands accused, has been delayed until next week.
During the hearing, the defense for the 10-year-old girl filed a motion requesting a competency evaluation, citing concerns that the child may not fully understand the proceedings. Judge Sweeney granted the motion. The girl appeared in court wearing a mask and coat while accompanied by a family member.
The prosecution requested that the girl be placed on house arrest with an ankle monitor.
Antavia Kennibrew, the mother of the 5-year-old victim, spoke in court, opposing any form of controlled release for the accused. She argued that her daughter was not shown mercy during the assault and that the defendants should not be given leniency now.
"Nothing prepared my baby for her life to be changed; she didn't get time. This type of behavior doesn't deserve grace. They knew what they were doing, and they were OK with that. They even played after — not caring about my baby. Remember that," said Kennibrew.
The defense argued against the ankle monitor — referencing court proceedings on Monday, where it was discussed that the child has faced threats at school, crowds at her home, and that the family has since moved for safety reasons.
"If she is put in an ankle monitor, that will become public knowledge. If that is, and if someone figures out where she is living, and they know that she is court-ordered to be there, that that could pose a potential safety risk to her and her family," said Caitlyn Iodine, an attorney with the public defender’s office representing the 10-year-old.
Judge Sweeney ruled that house arrest with an ankle monitor was necessary.
"One, is the serious nature of these charges. Generally speaking, I can't really imagine circumstances in which these would be the charges, and I would not release with some sort of court supervision," Sweeney said, adding, "Secondly, and I'm just going to note this for the record, we don't have a parent present in court today for [the child], and so I am not sure what the living circumstances are outside of what was discussed in the closure hearing."
The 9-year-old boy did not appear because his family member had car trouble. His arraignment was rescheduled for next week. Sweeney said that if he fails to appear at the next hearing, a warrant will be issued for his arrest.
The charges
On Oct. 15, the Cuyahoga County Prosecutor's Office announced that the 10-year-old girl and a 9-year-old boy were charged with allegedly assaulting the 5-year-old girl in a wooded area off East 148th Street in September.
They were charged with:
- One count of attempted murder
- Four counts of rape
- Two counts of felonious assault
- One count of kidnapping
- One count of strangulation
What happened?
The 5-year-old's mother, Antavia Kennibrew, said she dropped her daughter off at a family member's home on Sept. 13. Later that day, she received a phone call informing her that her daughter had left the house on her own and was missing.
A police report states that a witness saw three juveniles, whom police previously said in a statement were all under the age of 10, take her to a wooded area in the 1000 block of East 148th Street and physically and sexually assault her.
The specifics of the assault are too disturbing to share, but details in the police report support Kennibrew's claim that her daughter was viciously attacked.
Kennibrew said she met her daughter after the incident in an ambulance, and the girl was unconscious and covered in dirt, blood and bruises.
The Cleveland Division of Police Sex Crimes and Child Abuse Unit is investigating the case.
