BENTONVILLE — A judge ruled Wednesday that police officers can describe three children found in a Bella Vista home as looking like they had been in a Holocaust concentration camp.
Judge Brad Karren made the ruling Wednesday in the criminal case involving James and Janefer Ogborn.
James Ogborn Jr., 39, is charged with false imprisonment in the first degree, a Class C felony, along with permitting abuse of a minor and endangering welfare of a minor in the first degree, both Class D felonies.
Janefer Ogborn, 33, also is charged with the endangering and false imprisonment charges. She's also charged with aggravated assault, a Class D felony, and battery in the third degree, a Class A misdemeanor.
They previously pleaded not guilty to the charges.
The Ogborns were arrested Aug. 17, 2013 and released from custody on citation. The couple's arrest came after Bella Vista police were called to the home. A teen boy claimed his mother kicked and hit him during an altercation.
The 15-year-old and two other children in the home — a 12-year-old boy and an 11-year-old girl — were described by a police office as looking like they came from "a Holocaust concentration camp" because they were very thin and extremely pale-skinned. The children had thin hair and sunken eyes with pale and ashy skin, according to court documents.
Rogers attorney Drew Miller, who represents Janefer Ogborn, filed a motion requesting that the judge prohibit police officers from using the reference to a Holocaust concentration camp in front of the jury.
Miller did not object to police officers describing the children as pale and thin, but said references to the Holocaust and concentration camp would be prejudicial against his client. Miller also said the reference would be inflammatory.
Bentonville attorney Mike Armstrong, who represents James Ogborn, agreed with Miller and requested that phrase not be used in front of the jury.
Katie Fisher, deputy prosecutor, told the judge that the two police officers were the first ones on the scene to see the children. Fisher argued that police officers should be allowed to testify about their observations concerning the children.
“I think we all know what someone from a concentration camp looks like,” Fisher said.
Karren ruled in favor of prosecutors, so the officers can use the Holocaust and concentration camp references.