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U.S. NEWS A5
                                                                                                                                                   Wednesday 20 January 2016

Experts:

  Willingness claim unlikely to help “affluenza” teen 

                                                                              The latest strategy, though,  Attorneys for Tonya Couch

                                                                              could affect Couch’s          declined to comment

                                                                              mother.                       Tuesday. The 48-year-old

                                                                              If Ethan Couch can prove      was released on bond last

                                                                              he was taken against his      week in Texas after she was

                                                                              will, Tonya Couch can be      brought back from Mexico.

                                                                              charged with kidnapping.      Brown, Ethan Couch’s  U.S.

                                                                              Tarrant County district       lawyer, said “documents

                                                                              attorney spokeswoman          have been filed to release

                                                                              Samantha Jordan said          the injunction” that

                                                                              there would have to be        objected to his return, but

                                                                              “adequate proof” that         did not say how long the

                                                                              Tonya Couch forced her        process would take.

                                                                              son to go to Mexico before    Immigration and federal

Tonya Couch, center, the mother of a Texas teen who used an                   prosecutors  brought          courts officials in Mexico
“affluenza” defense in a drunken wreck, leaves Tarrant County
Jail in Fort Worth, Texas.                                                    additional charges against    said they didn’t have any

                                                     (AP Photo/Brandon Wade)  her. “We’d have to see the    information  indicating

                                                                              evidence,” she said.          Couch was dropping his

EMILY SCHMALL                  juvenile court scheduled                       Whether Couch is able to      deportation fight. Couch’s
Associated Press
FORT WORTH, Texas (AP)         to determine whether                           prove that he was taken to    lawyer in Mexico didn’t
— An argument raised
Tuesday by lawyers for a       Couch, who is being held                       Mexico against his wishes     return messages, and  U.S.
Texas teenager known
for using an “affluenza”       at a Mexico City detention                     will not affect prosecutors’  Marshals spokesman Trent
defense in a fatal drunken-
driving wreck — that he        facility, violated his                         efforts to transfer his case  Touchstone said he had
may have been taken to
Mexico against his will —      probation and if the case                      to the adult system, Jordan   no information about the
is unlikely to help his case,
outside juvenile defense       should be transferred to                       added.                        issue.q
attorneys said.
And even if a judge agrees     adult court. But the judge
that Ethan Couch was
forced to flee to Mexico,      cut the hearing short after
he could still be locked
up if the judge determines     Couch’s attorneys said his
he violated probation by
attending a party where        parents weren’t properly
people were drinking.
Attorneys for Couch said       notified. Another hearing
the 18-year-old is dropping
his deportation fight in       was set for Feb. 19.
Mexico as they investigate
whether he fled there or was   Dallas attorney Peter
brought against his wishes.
He was arrested there with     Schulte said the new
his mother, who is now
charged with hindering         defense          argument
the apprehension of a
felon. She was returned to     might be related to the
the U.S. quickly, but Couch
won a delay based on a         “affluenza” claim that
constitutional appeal that
normally leads to a lengthy    Couch was coddled into
trial process.
Authorities allege the         a sense of irresponsibility
two crossed into Mexico
in December, as Texas          by his wealthy parents. The
prosecutors investigated
whether Couch violated         condition is not recognized
his probation in the 2013
drunken-driving case. His      as a medical diagnosis by
attorney, Scott Brown,
said Tuesday that whether      the American Psychiatric
his client “was voluntarily
or involuntarily taken to      Association,          and
Mexico is something that is
still being investigated.”     its  use  drew widespread
That comment came
after a brief hearing in       derision.

                               The latest argument,

                               Schulte said, could be

                               “some extension of

                               affluenza, that he can’t

                               make decisions on his own

                               and any time mommy says

                               to do something he does

                               it.”

                               But the argument is unlikely

                               to impress a judge because

                               of Couch’s age, Schulte

                               said.

                               Attorney Seth Fuller of

                               Denton, Texas, said Couch’s

                               defenses are limited to

                               claiming he didn’t realize

                               he was violating probation

                               by going to Mexico or that

                               he went there involuntarily.

                               “This is just grasping at

                               straws,” he said, adding, “It

                               doesn’t seem like a good

                               defense, but it is one of the

                               few available.”

                               Neither Schulte nor Fuller is

                               involved in Couch’s case.
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