No one would even confirm if there was a hearing on Tuesday to consider releasing the three teenage boys as their case proceeds.
It was Audrie's family who told reporters at a news conference on Monday that the detention hearing was being held on Tuesday. Releasing them depends on the crime. A Santa Cara county prosecutor outlined additional factors.
"They also consider the home situation of the minor. Do they have a stable home? They'll consider whether that minor is going to school. Are they truant?" said Jaron Shipp, a prosecutor.
After three hours inside the building, we were told the Pott family asked to slip out of juvenile hall the back way to avoid reporters and cameras.
Ed Vasquez, the Pott family attorney spokesman said, "Everything that happened in there has to stay confidential because it involves juveniles. That's all I can say. I'm sorry."
The attorney for the Pott family has filed a wrongful death civil suit against the three teenagers accused of sexually assaulting Audrie last Labor Day weekend. The suit also names Michael and Sheila Penuen, whose teen daughter held an unsupervised party at their Saratoga home. The Potts claim the 13 teens at the party had access to an unlocked liquor cabinet.
According to her parents and the lawsuit, Audrie passed out after drinking alcohol-laced Gatorade, and woke up to find her pants off and writing on her private parts. Photos of her in that state were allegedly taken on one boy's cellphone and shared via text messages.
"These types of crimes are not juvenile. Sexual assault is an adult crime. These boys distributed the pictures to humiliate and further bully my daughter," said Sheila Pott, Audrie's mother.
Attorneys for the three teen boys have not returned calls to ABC7 News.
If the three boys remain in detention, we're told they're living in a facility similar to a school dorm. There's a shared central area or pod surrounded by individual rooms and they have video games to play.
