Devlin's lawyer dismisses suggested plea deal

ST. LOUIS -- Michael Devlin's attorney has dismissed a plea deal being drafted by county and federal prosecutors, saying the broad outlines of the package already make it a nonstarter.

Devlin, a former pizzeria manager, is accused of kidnapping two boys and faces 81 state and federal counts of kidnapping, sexual assault and producing child pornography. In addition to the federal case, Devlin, 41, is charged in Franklin, Washington and St. Louis counties.

Franklin County Prosecuting Attorney Robert Parks said Tuesday that prosecutors from all four jurisdictions are drafting a plea bargain that would include "several, several consecutive life sentences."

Parks said he didn't know when the deal might be completed.

Devlin attorney Ethan Corlija dismissed the package out of hand, saying it would basically amount to the maximum sentence Devlin would face if he went to trial and was convicted on every charge.

Corlija said Thursday he'd rather take the case before a jury than tell Devlin to accept such a deal.

"Let's see what 12 people can decide. Because I think we can do far better with a jury. You've heard one side of a story. That's it. At trial, both sides are going to come out," Corlija said.

"If in Bob Parks' mind he thinks that this is a reasonable plea negotiation or a reasonable plea agreement -- we would certainly discourage our client from taking it. What's the advantage?" Corlija said.

Parks said Thursday he's not willing to offer a sweeter deal. He said his goal is to ensure Devlin is never free again.

"I cannot see any plea agreement that would not include consecutive life sentences, because what good would that do?" he said.

Parks' case against Devlin has progressed the furthest of the four. Devlin is charged with abducting 13-year-old Ben Ownby on Jan. 8 in Franklin County. Authorities found the boy days later, along with Shawn Hornbeck, 15, who had been missing since 2002, at Devlin's apartment in the St. Louis County town Kirkwood.

Devlin is charged in Washington County for abducting Shawn, and in St. Louis County for 69 counts of sexual assault.

Federal charges allege Devlin made pornographic pictures and photos and transported a boy across state lines.

None of the charges carry the death penalty. Prosecutors say each of the 75 state charges could result in a life sentence. Devlin could also face 170 additional years if convicted on the federal charges. He wouldn't begin serving federal time until he has served out his state sentences, said Federal Prosecutor Catherine Hanaway.

Corlija suggested there could be room for the defense to win some freedom for Devlin, even if he is convicted and receives multiple life sentences.

For example, if Devlin receives 10 life sentences, he might get the option of serving them concurrently instead of consecutively. In some cases, Missouri inmates serving life sentences are automatically paroled at the age of 70, Corlija said.

Colija said neither he nor his partner, Michael Kielty, would consider a plea deal until they have reviewed the evidence against their client.

Devlin was arraigned Tuesday in Franklin County, giving his attorneys their first opportunity to formally request the state's evidence in the case.

Parks said he will present them with a coordinated package of all the evidence against Devlin that will be used in the three counties and federal court. Parks would not say what specific evidence will be presented.

Both boys have been interviewed extensively about their experiences, according to authorities. FBI agents removed boxes of evidence from Devlin's cramped one-bedroom apartment. Hanaway said prosecutors have a pornographic videotape and multiple photos that could be used as evidence.

One possible benefit of accepting a plea deal would be avoiding a public trial where both boys might testify. But Corlija said avoiding a trial isn't much of a perk for Devlin, who would not be forced to testify himself.

Attorneys representing the families of both boys said they would be willing to testify.

While it would be painful for Shawn, it's important for the boy and his family to see that justice is done, said attorney Scott Sherman, who represents Shawn's family.

While it is The Associated Press' policy not to identify alleged victims of sexual abuse in most cases, the boys' stories have been widely publicized and their names are now well-known. Their families also have gone public, conducting media interviews.