Joseph maintains he stole nothing, but is accused of taking at least $340 cash, a video game and game controller, and a set of children's trading cards.
The felony burglary charge he faces has drawn widespread attention for two reasons.
First, 10-year-olds rarely are charged with felonies in Pennsylvania - only about once in every 1,700 juvenile cases statewide. Second, the charge was approved by the district attorney's office despite Gambardella's status there as a high-ranking supervisor.
Not until January did Gibbons, citing the appearance of a conflict of interest, ask that the state attorney general take over the case. Her office had approved the charges on Oct. 2.
Gibbons has said that the case was handled appropriately. Joseph, who has since turned 11, was charged with a felony, Gibbons said, because she is convinced he is guilty of burglary. Gambardella's employment presented no conflict in reaching that decision, she said.
Some experts in juvenile law and legal ethics disagree, saying that the felony charge is excessive for a child so young, and that Gibbons should have recused her office as soon as the incident was reported.
The case took on added controversy on March 19, the day after The Inquirer published a story detailing the handling of the case.
Gibbons responded by accusing the boy of being a serial burglar.
"Look, this is the third house this kid has burglarized. This conduct has got to be addressed. Something is going on with this kid," she said in a story published on the front pages of the Bucks County Courier Times and The Intelligencer of Doylestown.
Gibbons' accusation has been repeated several times in opinion columns, letters to the editor and on at least one talk-radio show.
The Inquirer, however, has found no evidence to back her claim.
