statement a 16-year-old Bermudian gave Police should be admitted as evidence at his murder trial.

Joshua Holder, who lives in Dover, Delaware with his mother Mrs. Dawn Madeiras, is charged along with two other teenagers in the August beating death of 20-year-old Michael Keesser.

A hearing this week in Kent County Superior Court is to determine whether Holder and another juvenile should be tried as adults for second-degree murder.

If that happens, Holder faces up to 20 years in prison. If tried as a juvenile and convicted, he would only be jailed until he turned 18.

Holder's father, Mr. Charles Holder of Smith's Parish, flew to Delaware last weekend to attend the hearing.

Yesterday, he heard Holder's lawyer Mr. Andre Beauregard argue that a statement his son gave Police should not be admitted as evidence because his mother was not present at the time.

The hearing, which has heard that Holder was on probation for delivering marijuana near a school, continues today before Judge N. Maxson Terry, Jr.

Earlier this week, the court heard that Keesser was hit so hard during the beating that his spleen was ripped apart. County assistant medical examiner Ms Adrienne Perlman said Keesser bled to death. The August 19 occurred at the home in Dover where Holder lived with his mother, Mrs. Madeiras.

Mr. Beauregard is arguing the state does not have enough evidence to prove Holder killed Keesser. There were several fights going on and confusion about what was happening, he told court. And the state cannot prove Holder knew his conduct would cause Keesser's death.

Deputy Attorney General Mr. Dan Miller has said Mrs. Madeiras was also struck by someone at the party. The fight moved outside and Holder tried to find the person who hit his mother.

Another accused, James Mayhall, 17, hit three people, court was told.

Witness Dwayne Baynard, 20, testified he saw Mayhall hit Keesser, but did not see Holder hit him.