Robert Tulloch, 17, will return to New Hampshire this afternoon for his arraignment on first-degree murder charges, but James Parker, 16, will not be in back in the state for at least another week, the state Attorney General's Office said yesterday.
In a news conference, Senior Assistant Attorney General Ann Rice said Tulloch will be arraigned today at 6 p.m. in Lebanon, however, when James Parker, 16, will be arraigned remains unclear.
Earlier yesterday, James Parker and his attorney opted to delay his return to New Hampshire in his extradition hearing, according to Henry County, Ind., Detective Edward Manning.
Meanwhile, Tulloch waived his right to protest extradition.
The charges against Tulloch, and his rights, will be read by a judge at the arraignment proceeding today. A probable cause hearing, where bail will be set, will be scheduled in Grafton County Superior Court.
However, Rice said she is working under the "presumption of no bail," because the charges are first-degree murder.
Tulloch will be held at the Grafton County Jail in North Haverhill, N.H.
In Indiana, Parker will return to court for his extradition hearing at noon on Feb. 27.
"I wouldn't say it's fighting extradition," Manning said. "But they weren't prepared to make a decision today."
During the week before the next hearing, both sides -- the state's and Parker's attorneys -- will have time to file paperwork "that lawyers have to file to get the ball rolling," Manning explained.
Potentially, Parker could fight extradition and remain in Indiana for weeks or months, or he could still opt to waive his right to protest extradition at the hearing next week and return to New Hampshire at that point.
In an interview, Parker's Indiana representative, attorney Richard Kamman, would not indicate whether his client would protest extradition to New Hampshire, and refused to give reasons why Parker might want to fight the proceedings.
If Parker decides next week to contest his extradition, he would be retained in Indiana without bail until the governors of the two states sign the appropriate paperwork that would bring him back.
Parker has been certified by the court as an adult in Indiana, Rice said.
During their respective hearings, both suspects were in shackles and surrounded by multiple police officers.
"That's normal procedure," Manning said of the precautions. "We always do that when charged with that type of crime."
At Tulloch's hearing, a local Indiana attorney, Edward Dunsmore, was present, but his Vermont-based lawyer has only communicated with him via telephone. Kamman was Parker's only counsel at his afternoon hearing.
Last night, Kamman said his client is understandably scared about his uncertain future.
"He's 16, charged with murder, held without bail, in a state a thousand miles from home. You can pretty much imagine what his state of mind is," Kamman said.
Kamman would not reveal how he became involved in the case other than to deny having had a previous acquaintance with Parker or the client's parents. He said he did not think Parker's parents knew anyone in Indiana.
Kamman did confirm he is working with John Pacht, an attorney from Burlington, Vt., to decide what's best for Parker. He denied, however, operating jointly with Dunsmore, Tulloch's attorney.
Manning said both sets of parents visited their sons late Monday night, and, in addition, Michael Tulloch visited his son before his extradition hearing yesterday morning.
Parker's parents did not visit him yesterday and were not at the courthouse during the hearing, Manning said.
Manning said as far as he knows, the two sets of parents have not had contact with one another.
During a pre-hearing news conference, Henry County, Ind., Sheriff Kim Cronk said they have set up extra security at the prison to guard the two boys, who are not allowed contact with one another.
At the Hanover news conference yesterday, Rice said that the state's investigation into the murders is still "very active," and there has been "no lessening of the commitment of manpower." The state said previously that upwards of 35 investigators are working on the case.
"We are actively interviewing all leads," she said. There is forensic evidence still to be processed as well, she added.
Rice declined to comment on travel arrangements for Tulloch's extradition, citing the possibility of "safety concerns."
Rice also reiterated state Attorney General Philip McLaughlin's statement Monday that the case does not merit the death penalty at this point.
She also reiterated the state's refusal to release information about the murder weapon or motive for the crime.
J.M. Brown of the The IUPUI Sagamore, student newspaper at Indiana University-Purdue University at Indianapolis, contributed to this report.
