JACKSONVILLE, Fla. – For the first time since a toddler disappeared from a Southside apartment complex, the boy's mother and her boyfriend appeared together Friday in a courtroom.
Lonna Barton and Ruben Ebron are charged with child neglect and lying to police in the July 24 disappearance of 21-month-old Lonzie Barton. Ebron also faces other charges related to an alleged escape attempt after his initial arrest.
Both contend they had nothing to do with the boy's disappearance, and neither faces any charges directly relating to that.
They appeared before Judge Mark Borello -- Ebron and his attorneys at the first table and Barton and her lawyers a row behind -- for a hearing on a defense motion to withhold evidence in the cases from the public and a prosecution motion to combine the two cases and try Barton and Ebron together.
In the two-hour hearing, Borello refused the protective order that would prevent the release of discovery evidence in their cases, then took under advisement the motion to combine the cases, legally called joinder.
Background
The Jacksonville Sheriff's Office said Barton left Lonzie with Ebron and went to work the night of July 23 even though Lonzie had apparent head injuries and fluid coming out of his ears.
The next morning, Ebron called police saying his car had been stolen with Lonzie inside. Police have said that never happened. Hundreds of law enforcement personnel and searched for days for Lonzie, but he has not been found.
The arguments
Judge Borello heard extensive arguments from both sides on whether Barton and Ebron should be tried together or separately.
"There is more than enough evidence" to justify the legal move because the crimes are so interrelated that they ought to be tried in front of same jury, according to Assistant State Attorney Rich Mantei.
Defense attorneys argued the cases should remain separate since the allegations against them are different, and most of them are false.
"Trials where defendants are joined are easier to prosecute for the state, and it's a detriment to my client to trial with someone else," said Kevin Carlisle, Barton's attorney. "We'd prefer that she go to trial by herself and have one particular jury hear the case."
Ebron's parents continue to say the allegations of police and prosecutors about their son are false, believing their son would never hurt a child.
"There are a lot of allegations from the state, but as always, you need facts and you need proof ... that my son tried to escape, that he was a drug dealer," said William Ebron Sr. "Mind you, those are allegations. The fact that my son reached out to the media, that is his way of leveling the playing field."
Earlier this month, Ruben Ebron's attorneys withdrew their motion for a gag order that would have prevented everyone in the case from speaking about it publicly. Legal observers felt the judge would reject that request since Ebron himself has placed several calls to media.
But Lonzie's relatives, like Sabra Rhue, think Ruben Ebron and Lonna Barton have the answers about what happened to Lonzie. She thinks both need to face the consequences.
"I want whoever hurt him to pay for it," Rhue said. "We deserve to have his body, wherever it may be. He deserves to be put to rest somewhere. Not put out like trash."
Borello said he would issue a ruling on the motion to join the cases after reviewing the arguments and evidence.
The next scheduled hearing in the case is set for Oct. 29.