Judge allows 'Holocaust' wording in court case

BENTONVILLE -- A judge ruled police officers can describe three children found in a Bella Vista home as looking like they had been in a concentration camp.

Judge Brad Karren made the ruling Wednesday in the criminal case of James and Janefer Ogborn.

James Ogborn Jr., 39, is charged with first-degree false imprisonment and first-degree permitting the abuse of a minor and endangering the welfare of a minor.

Janefer Ogborn, 33, is charged with the endangering and false imprisonment. She also is charged with aggravated assault and third-degree battery, a misdemeanor.

They previously pleaded not guilty to the charges.

The Ogborns were arrested Aug. 17, 2013, and later were released on citation. The couple's arrest came after Bella Vista police were called to the home. A teen boy claimed his mother kicked and hit him during an altercation.

The 15-year-old and two other children in the home -- a 12-year-old boy and an 11-year-old girl -- were described by a police as looking like they came from "a Holocaust concentration camp" because they were very thin and extremely pale skinned. The children had thin hair and sunken eyes with pale and ashy skin, according to court documents.

Rogers attorney Drew Miller, who represents Janefer Ogborn, filed a motion requesting Karren prohibit police from using the Holocaust reference in front of a jury.

Miller didn't object to police describing the children as pale and thin, but he said a reference to the Holocaust and a concentration camp would be prejudicial against his client. Miller also said the reference would be inflammatory.

Bentonville attorney Mike Armstrong, representing James Ogborn, agreed with Miller and requested the phrase not be used in front of the jury.

Katie Fisher, deputy prosecutor, told Karren the two police officers were the first on the scene to see the children. Fisher argued the police should be allowed to testify about their observations.

"I think we all know what someone from a concentration camp looks like," Fisher said.

Karren ruled in favor of prosecutors.

The children told police about being hungry and thirsty. They said they were allowed to sleep only on the floor and were locked in a room and watched by a camera, according to court documents.

The affidavit states police went into the children's room where officers could smell urine and garbage. The room was painted in a camouflage pattern, and a window was covered with dark paper, according to court documents.

Karren made two other rulings Thursday.

One of Janefer Ogborn's daughters, who now lives in California, was questioned by Miller on Thursday. The girl was previously interviewed via Facetime and telephone.

She testified she lived with the Ogborns along with several other children. She told Miller all the children were treated the same when it came to discipline. They were punished by being put in timeout and had to stand in a corner, she said.

The girl said they all ate the same meals and the two boys wanted their room painted in camouflage. She said she and the 11-year-old girl shared a room.

Karren found the girl is a material witness and will be allowed to testify during the trial.

Karren also ordered prosecutors obtain Arkansas Department of Human Services records about a 2008 investigation concerning the three children.

Miller said he had a police report where the children complained about being treated differently and wanted to live at a different location. DHS investigated the claim and he wanted the department's file on the case, Miller said.

Karren agreed the defense should have the file and he ordered prosecutors to obtain it.

General News on 03/04/2015