Boys' testimony against man questioned in drowning trial

The defense attorney says one of the boys, who have immunity, has bragged about pushing the victim into a canal but is accusing the defendant, who is retarded.

©Associated Press
September 24, 2002

FORT LAUDERDALE -- Detectives testified Monday that they were frustrated and upset after two 10-year-old boys led them on a five-hour runaround in their search for an autistic youngster, who was later found drowned.

The 10-year-olds now have immunity to testify against an 18-year-old retarded man charged with manslaughter in the drowning of 5-year-old Jordan Payne in a Pompano Beach canal.

The defense says the 10-year-olds are blaming Gorman Roberts to protect themselves and have told so many different versions of the story that they can't be believed. The prosecutor told jurors to make up their minds about Roberts only.

"You're probably going to think they're all guilty. You're probably right," Assistant State Attorney Maria Schneider told the jury in opening statements Monday. As for Roberts, she said, "We are not charging he meant to kill him."

Defense attorney Ellis Rubin shot back that the 10-year-olds "unfortunately don't know the truth. They're not acquainted with the truth. They don't know how to tell the truth."

The older boy, now 11, keeps boasting to people in the neighborhood about pushing Jordan into the steep-edged canal, Rubin said.

In one statement to police, Roberts admitted pushing Jordan on the forehead near the canal, Schneider said. Roberts said he had his back turned when he heard a splash. He turned around and asked the 10-year-olds where Jordan was, and they said he was in the water, Roberts said.

No one went for help, and the boy's body surfaced the next day in 31/2 feet of water. His parents testified that Jordan, who didn't speak, couldn't swim.

Jordan slipped out of the house of his father, Tommie Payne, without anyone knowing early on Feb. 10.

Jurors were shown seven pictures of Jordan's body in the canal, the removal of his body and his body stretched out in an antiseptic room.

An elderly juror shook his head back and forth as he looked at the photos.

The 10-year-olds have said Roberts pushed Jordan in and that he slipped in by accident. One has said he did the pushing. Rubin said the boys had watched the wrestling star the Rock three nights before and were practicing wrestling moves at the water's edge.

Before testimony started, Roberts rejected a plea bargain requiring him to plead guilty to manslaughter in exchange for juvenile supervision until he turns 21. He is on trial as an adult.

"It would have required him to plead out. I can't do that. He's not guilty," Rubin said.

After court ended for the day, Jordan's mother, Zola Hayes, said, "It's just -- to me -- people lying to cover up, everybody lying to protect their own behind."

© 2006 • All Rights Reserved • St. Petersburg Times
490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111

Contact the Times | Privacy Policy
Standard of Accuracy | Terms, Conditions & Copyright