Fla. 15-Year-Old Convicted of Murder

P A L A T K A, Fla., Feb. 8, 2001 -- A 15-year-old was convicted of first degreemurder today for strangling a 12-year-old whose body was foundin a dry septic tank pit two days after he disappeared.

John Silva, who was tried as an adult, can only be sentenced tolife in prison with no possibility of parole for murdering JerryLee Alley Jr.

The jury deliberated less than two hours before finding Silvaguilty. The 12 jurors had the option of considering a second-degreemurder or manslaughter conviction.

Silva's mother and sister cried when the verdict was read andbegan sobbing heavily as the judge continued speaking.

The victim's grandparents, Marlin and Anne Alley, hugged CynthiaSilva after the jury that convicted her son was dismissed.

"I'm just sorry we both lost sons to this," said Marlin Alley,with tears rolling down his cheeks. "It's a shame. This didn'thave to happen at all."

'He Will Die in Prison'

Assistant District Attorney Garry Wood said the conviction wasappropriate and would prevent Silva from ever hurting anyone else.

"John Silva is capable of killing another human again … hewill die in prison," Wood said.

Sentencing was scheduled for March 15.

In closing arguments, Wood wrapped an elastic bandage around hisneck to show how Jerry was strangled.

"This is the instrument of death," Woods said. "He wrapped itfour times around Jerry Alley's neck and knotted it four times."

Wood urged the jury to find Silva guilty of premeditatedfirst-degree murder.

Defense: Too Many Unanswered Questions

But Silva's attorney, Doug Withee, told the jury there weretoo many unanswered questions to find Silva guilty of murder.

Withee said a 3½-hour statement given by his client toinvestigators had many inconsistencies with the facts.

"Is it an admission of anything?" he asked. "The facts inthis case … do not match this statement."

Withee pointed to a witness' statement that Silva was gone fromhome for 30 minutes during the time of the slaying and did not havethe time to lure Jerry to a vacant lot, kill him, tie him up andreturn.

"Please consider, was there someone else involved?" Witheeasked.

Earlier, Withee rested his case without calling any witnesses.The announcement to Circuit Judge A.W. Nichols came after Witheemet with Silva and his mother, Cynthia Silva.

Wood closed his case this morning after calling two FloridaDepartment of Law Enforcement agents who testified about theinterview Silva gave to investigators and about Silva'shandwriting.

Jurors Hear Alleged Confession

On the 3½-hour tape, heard by jurors Wednesday, Silva saidJerry's May 26 death was an accident that came as they wrestled ina dry septic-tank pit and the boy hit his head.

Silva said he threw his playmate's red bicycle and book bag intothe pit, in a vacant lot near the boys' homes in rural Interlachen,about 30 miles east of Gainesville, and covered it with someplywood. Jerry was missing from Friday until Sunday when his bodywas discovered.

Medical Examiner Terrence Steiner testified that the boy diedfrom having an Ace bandage and an electrical cord tied around hisneck. He said the boy had no head wounds.

Early in the tape recording, Silva denied any knowledge of thedeath, but later changed his story to say it was an accident, thathe had not planned it.

Murderous Outline

But Florida Department of Law Enforcement lab technician JosephDorsey testified that a note detailing Silva's plans containedthree of his fingerprints and also one of the victim.

The note, with spelling errors, read: "a list to prepairJarey." It included such lines as "strip to underware rap intower," "tie up hands," "gag," and "cover eyes."

Earlier in the tape, a sobbing Silva apologized.

"I'm sorry," he told investigators. "I didn't mean for thisto happen."