Jamie Silvonek was 'the genesis of the idea' to kill her mother, judge says
LAURIE MASON SCHROEDER, GENE ORDWAY
Adult court for Jamie Silvonek, separate trials for her and Caleb Barnes
Silvonek and Barnes preliminary hearing
Manuel Gamiz Jr., Of The Morning Call
11:22 am, November 21, 2015
Jamie Silvonek demonstrated criminal sophistication in plotting and planning to kill her mother and then prodding her older boyfriend to commit the "vicious and monstrous crime," a Lehigh County judge wrote in a 37-page opinion outlining why the 14-year-old girl should be treated as an adult.
The Upper Macungie teen "was the genesis of the idea and provided the opportunity" to kill Cheryl Silvonek on March 15 in the driveway of their suburban home on Randi Lane, Lehigh County Judge Maria L. Dantos wrote in the opinion filed Friday.
"But for the defendant, co-defendant Caleb Barnes never would have killed the victim," Dantos wrote.
Investigators say the eighth-grader was upset her mother did not approve of her relationship with Barnes, then a 20-year-old soldier based out of Fort Meade, Md.
Dantos on Thursday denied Jamie Silvonek's request to have her homicide case heard in juvenile court, which means Silvonek faces a potential sentence of 25 years to life if found guilty of first-degree murder.
A juvenile conviction would have meant she'd be free no later than her 21st birthday. Dantos wrote it was likely that Silvonek would be released long before the age of 21 because the treatment facilities are designed with a "shorter duration of treatment in mind."
"A period of approximately two and a half years is woefully inadequate to expect that the defendant would respond to treatment or rehabilitation after committing matricide."
Defense attorneys for Silvonek and Barnes, who is now 21, are seeking separate trials, a move that prosecutors say they will not oppose. The two trials will possibly begin as early as February.
Jamie Silvonek is the youngest girl ever charged as an adult with homicide in Lehigh County. She and Barnes are being held without bail in the county jail while awaiting trial.
In ruling against decertification, Dantos said
Silvonek "presented herself as an arrogant, superior high school student who even referred to herself as a woman," not a naive child manipulated by her older boyfriend, as her attorney had argued.
"Not only did the defendant call herself a woman, but she portrayed herself as a woman as well," the judge wrote, citing evidence that Silvonek encouraged the sexual relationship with Barnes and later attempted to cover it up by filing a sexual abuse complaint.
The judge also wrote that the court tediously reviewed more than 6,000 text messages, finding many to be "sexually tawdry and crude."
Dantos said Silvonek's age was the only reason to even consider sending the case to juvenile court. However, the judge said, her age is "overwhelmingly outweighed" by the seriousness of the crime and Silvonek's criminal sophistication.
"This was not a spur-of-the-moment crime without clearly defined roles and parts," Dantos wrote. "The defendant's intelligence and manipulation were essential to achieving the desired goal ? murder."
Two mental health experts testified during the hearing, giving vastly different opinions of the teen.
Psychologist Frank Dattilio, a defense witness, told the judge Silvonek is extremely intelligent, with an IQ bordering on the very superior range, but she lacks emotional maturity. He determined she would be amenable to treatment in a juvenile facility.
Dattilio found Silvonek had some anger problems, but it was childish behavior like being "bratty and mouthy with her parents."
Hired by the prosecution, psychiatrist John O'Brien also found her to be highly intelligent, but "a manipulative young woman who was not a fearful or emotionally overpowered passive participant in the pre-planned, premeditated murder of her mother."
In a text message to Barnes two months before the killing, Silvonek allegedly wrote,
"I have dark sides as well, people underestimate how cold, iniquitous, meticulous and calculating I can be. I hide parts of me so well. No one suspects it."
Also, while in the county jail, Silvonek has received three misconduct infractions, twice for trying to pass notes. Authorities said one of the notes was intended for Barnes, asking him for help at her decertification hearing.
"If our positions were reversed, and you were the one trying to be decertified, I would be on the stand at that hearing, taking the fall for you," she wrote.
O'Brien found Silvonek to be a good liar and able to read situations and people and use her emotions, like crying on cue, to her benefit. He determined Silvonek's behavior would make it difficult to assess any progress she would make in juvenile treatment.
Dantos agreed with O'Brien's findings, saying Silvonek is a threat to the safety of the public.
"The defendant participated in the premeditated killing of her own mother, who deeply loved her and cared for her in every way possible," Dantos wrote. "It is conceivable that a person who is capable of killing her own mother potentially could kill anyone."
Cheryl Silvonek, 54, was killed in the early morning hours of March 15 as she sat with her daughter and Barnes in a sport utility vehicle in the driveway of the Silvonek family's home after returning from a concert in Scranton, police said.
Police say Cheryl Silvonek had offered to take them to the concert if Barnes promised to end his relationship with her daughter. About a week before the killing, Cheryl Silvonek found out how old he was, police say.
Cheryl Silvonek was beaten, choked and stabbed at least five times during a 20-minute attack that Dantos said "amounted to torture." Investigators found wounds on her hands and arms that show she fought for her life, court records say.
During questioning, Silvonek gave three versions of what happened, never saying she planned or participated in the killing of her mother. Barnes, on the other hand, "threw himself on the sword," as one investigator described an interview with him, saying Silvonek had nothing to do with the killing.
The investigation led to several text messages in which Silvonek urged Barnes to kill her mother, including one in which she coldly wrote, "I want her gone."