Serna faces several felonies — two counts of attempted murder, three counts of felonious assault, six counts of improperly discharging a firearm, and single counts of inducing panic and illegal conveyance of a deadly weapon in a school.
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Champaign County Judge Nick Selvaggio is set to hear arguments about defense motions. The defense wants the judge to move the criminal case back to juvenile court so an amenability hearing can take place. An amenability hearing reviews a juvenile offender’s likelihood of rehabilitation in the juvenile justice system.
In the motion to move the case back, defense attorney Dennis Lieberman argues proper procedure wasn’t followed before Champaign County Juvenile Judge Lori Reisinger ordered the transfer. Serna had waived his right to a probable cause hearing but did ask for an amenability hearing, according to the motion.
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Reisinger found there was probable cause in the case and ordered Serna to adult court without giving him an amenability hearing, according to the motion.
"It is a violation of due process of law for Ely
Serna to be denied an amenability hearing," the motion says.
Champaign County Prosecutor Kevin Talebi declined to comment.