By Janice Morse
The Cincinnati Enquirer

HAMILTON - The Butler County twins who were accused of plotting to kill their siblings have been found incompetent to stand trial - but they won't be returning to their Madison Township home.

Judge David J. Niehaus made that decision Friday and set a hearing next week to consider long-term treatment plans for the boys. The 14-year-olds are mildly mentally retarded and have been diagnosed with behavioral and attention disorders, as well as post-traumatic stress syndrome.

"I really think justice was done," said attorney Greg Beane, who represents one of the boys.

"These children have had a horrible upbringing. ... The whole thing's just a sad mess."

The case gained national attention in mid-May after the boys' mother went to police with a secretly recorded conversation; she said the twins were plotting to kill their brothers, ages 15 and 10. Their history includes being separated from their mother while she served four years in prison for selling drugs, being separated from each other and being put in foster homes where they were abused, officials said.

Although Assistant Prosecutor Greg Stephens had argued for the teens to be found competent, he said, "I am just thankful that they are not going home today."

Putting the teens into a treatment facility will mean some measure of security for their siblings and for the public, he said.

Niehaus, who ordered the twins to remain in the juvenile detention center, made the incompetency ruling after three psychological evaluations on each youth.

Gesturing with a stack of papers, Niehaus said, "I've got six reports on two kids, and it's hard to separate it all." The boys look alike, but have documented differences in their abilities. Still, both boys failed the two-pronged test of competency, Niehaus said.

To be found competent, a defendant must be able to understand the legal proceedings against him and adequately assist in his own defense; Niehaus said evidence showed the boys' capabilities were deteriorating on both points.

Susan Dyer, a forensic psychologist from Dayton, Ohio, said the boys were able to describe the roles of lawyers, judges and attorneys in the courtroom - but they seemed to be confused and forgot basic information at times. One boy even told Dyer he had never met with his attorney - despite repeated court appearances and several documented visits in the juvenile detention center.

The boys' attention spans are so limited that, if the case were to go to trial, Dyer thought the teens would require "very long breaks and very short sessions" of testimony.

"They could certainly sit in a courtroom for three hours - but, attentively, I don't think so," Dyer said.

"And I don't think they would be of much assistance" to their lawyers.

Dyer also said the boys didn't seem to comprehend the seriousness of the charges they were facing: two counts each of conspiracy to commit aggravated murder.

Dyer recommended that they receive "residential intensive psychological treatment ... for a minimum of two years, if things go well."

She couldn't say whether they might be able to make the progress to be considered competent to stand trial.

To maintain control over the boys' placement, the charges technically aren't being dismissed, Stephens said. The twins' files will be marked: "continued for further proceedings."

E-mail jmorse@enquirer.com