Prosecutors want teen suspect in principal's death tried as an adult Conviction would mean at least 51 years in prison

Eduardo Marmolejo

By Beth Warren 

http://www.commercialappeal.com/news/2011/aug/12/prosecutors-want-teen-suspect-tried-as-an-adult/ 

Shelby County prosecutors are preparing to seek the toughest punishment possible for a 16-year-old charged with stabbing his principal to death at school.
Meanwhile, the teen, Eduardo Marmolejo, is blending in with the jail population at the Shelby County Juvenile Detention Center.
"He's behaving like a normal 16-year-old," said Rick Powell, who oversees the detention center. "He seems like he doesn't understand how serious this is."
Marmolejo, who has no prior criminal history, is charged with first-degree murder -- a killing that is deliberate and premeditated.
Shelby County Dist. Atty. Amy Weirich said during a phone interview Friday: "We will ask the Juvenile Court judges to transfer him to 201 Poplar (the Criminal Justice Center) to be tried as an adult."
If convicted as an adult, he would have to serve 51 years before he was eligible for parole.
Marmolejo has been attending classes and exercising alongside other juvenile detainees.
"I think he knows he did something wrong, but I don't think he realizes the consequences," Powell said. "It just looks like it hasn't sunk in."
Police arrested Marmolejo at Memphis Junior Academy, a Seventh-day Adventist school in East Memphis where the body of Suzette York, 49, was found on the morning of the third day of the school year.
Detectives said the teen told them he didn't like York -- who also taught classes at the small school -- and had plotted her death since May, when he learned he alone would be in her 11th-grade class.
This is the first killing at a Memphis school since 2004, when six students ganged up on 15-year-old Tarus Williams in the bathroom of Westside High School to hit him during a "beat in" as part of a gang initiation.
In that case, prosecutors were convinced the students did not mean to kill Williams, and so they were charged with reckless homicide as minors.
Weirich said she can't think of a case of first-degree murder where the Juvenile Court judge didn't agree to transfer the case to adult court.
That decision in Marmolejo's case is expected at an Aug. 24 hearing.
-- Beth Warren: (901) 529-2383

Boy Gets Psych Eval; Mom, New Lawyer Mother Asks To Be Released From Jail To Attend Slain Son's Funeral

http://www.news4jax.com/news/28892512/detail.html

Biannela Susana and her 12-year-old son, Cristian Fernandez, remain in jail on charges connected to the death of 2-year-old David Galarriago.

JACKSONVILLE, Fla. -- A 12-year-old charged with killing his younger brother is getting an additional psychological evaluation and his mother will receive her third lawyer since being charged with negligent manslaughter in the case two months ago.Cristian Fernandez was charged as a juvenile shortly after the beating death of his 2-year-old half brother, David Galarriago, in March. In June, he was indicted as an adult on the murder charge.Fernandez is the youngest person in Duval County to face a first-degree murder charge, and the case has generated international interest.

VIDEO: City Holds Child's Remains

Defense attorneys are hoping results of the psychological evaluation will assist efforts to reduce the charges against Fernandez, or assist in reaching a plea agreement. The boy is due back in court on Sept. 1.On Tuesday, the attorney for the boy's mother, Biannela Susana, asked to withdraw for the case due to a conflict of interest, and that motion was granted.Attorneys for Susana, who is being held on $1 million bond, have also asked that she be released from jail so she can attend her 2-year-old son's funeral. That request is pending.She will be back in court Thursday for another pretrial hearing.

   Video:

New Judge In 12-Year-Old's Case
Fernandez Back In Juvenile Detention Center
12-Year-Old Murder Suspect In Court

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Court Documents:    Cristian Fernandez Indictment
Defense Motion For Reasonable Pretrial Detention State Response To Keep Boy In Adult Jail
Petition For Termination Of Parental Rights
Arrest Reports:   Cristian Fernandez   B. Susana

Susana is charged with manslaughter in the case because prosecutors say she should not have left the toddler alone with Fernandez because of a history of previous abuse, and that she failed to call 911 immediately upon finding her youngest son unconscious.According to court documents, rather than seeking immediate medical help for her unresponsive and bleeding toddler, "The mother admitted to allowing the child to remain unconscious for two-and-a-half hours before seeking medical attention due to fear (Department of Children and Families) and police would get involved."According to the documents, Susana changed the toddler's clothes, cleaned him up and placed an ice pack on his head. The documents say she researched online how to treat concussions and hoped the child would wake up.

Previous Stories:

• July 21, 2011: 12-Year-Old In Court On Murder Charge
• July 5, 2011: DCF Asking Judge To Take Kids From Mom
• July 2, 2011: Pretrial Publicity Affects Murder Case
• June 30, 2011: New Judge Assigned To Boy's Murder Case
• June 27, 2011: Boy In Juvenile Center; Debate Continues
• June 24, 2011: Judge Returns Boy To Juvenile Center
• June 23, 2011: Judge Takes Self Off Boy's Murder Case
• June 17, 2011: Group Protests Boy's Adult Murder Charge
• June 15, 2011: DCF To Judge: Take Kids From Mom
• June 11, 2011: DCF Documents Abuse In Toddler's Death
• June 9, 2011: Child-On-Child Crimes More Frequent
• June 8, 2011: Boy, 12, Arraigned On Murder Charge
• June 8, 2011: Can 12-Year-Old Be Rehabbed As Juvenile?
• June 8, 2011: Reporter Notebook: 12-Year-Old In Shackles
• June 8, 2011: Slain Girl's Mom Questions Murder Charge
• June 6, 2011: Murder Suspect's Mom's Rights At Risk
• June 4, 2011: Corey: Age, Abuse No Excuse For Murder
• June 3, 2011: Attorney: 12-Year-Old Has Troubled Past
• June 2, 2011: Boy, 12, Indicted In Brother's Killing

"West Memphis Three" freed after 18 years

In Ark., three convicted murderers, known as the "West Memphis 3" were released from prison. The men have spent nearly two decades locked up for the gruesome murders of three young boys. Manuel Gallegus reports.

12-year-old boy sentenced to 30 years in jail

Paul Henry Gingerich, a 12 year-old boy, was tried as an adult in a homicide case in Indiana earlier this year. He was given 30 years for assisting the killing of friend's step-father. Gingerich didn't fire a shot but was given the same punishment as his friend who fired two. The courts determined that there was no hope for this former straight-A student. Monica Foster, Gingerich's attorney, gives us her take on the case.


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dandailey

 http://wp.me/pLwBV-25V
I haven’t written about Alex King or James Prindle for a while, so I want to fill you in on the latest news about them and Blade Reed, too.

Alex King

Tomorrow is Alex’s arraignment on special prosecutor Brandon Young’s bogus felony charge for the traffic accident. As you will recall from past Diary posts, Young decided to upgrade Alex’s misdemeanor charge for “leaving the scene of an accident” to the more serious charge of “hit and run,” a felony, because Alex insisted on taking the misdemeanor charge to trial (as was his right, as well as a necessity).

Why should Alex have contested the misdemeanor charge? Because a conviction for even a misdemeanor could have been used by the State of Florida to justify the Violation of Probation filed by the Florida Department of Corrections—which is itself also bogus. (This is a bureaucratic vendetta, not justice.)
I just got off the phone with Alex, and his spirits are good. He is helping one of his fellow inmates at the Escambia County Jail to prepare for the GED, and Alex has begun attending weekly Bible study classes offered at the jail by one of the local churches. He has also been making plans for the worst-case and wants to learn barbering (which he says would be a desirable prison work assignment if he ends up serving more time).
Alex has asked me to ask you for the following paperback books: a King James version study Bible (his standard Bible is not up to the task) and an illustrated book on basic barbering. He also wants to re-read all the Harry Potter books, but reminds me that they should not all be sent at once because the number of books he is allowed is limited by the jail.
Please let me know before ordering any of these books so we can avoid duplications. Alex’s address is: Alex King c/o Escambia County Jail; Blue 2 Green 5B; PO Box 17800; Pensacola, FL 32522.
Also, I have just sent another payment to Amber for her brain tumor medications, and Alex’s funds are now down to about $100. If you would care to help us replenish his fund, you may do so by please making a donation through www.kingbrostrust.org.

James Prindle

At his last court appearance (a status hearing) on August 10^th, for a second time 16-year-old James Prindle asked Judge Bobby Carter for a new lawyer, and his request was denied. “I don’t want to hear this again,” Carter said. But James is adamant that his lawyer is not on his side. He intends to ask the judge again for a new lawyer at his next appearance on August 29^th. If James’ request is denied again, he says he will defend himself pro se (alone, without a lawyer). “I don’t want to have to do that,” James says. “I’m scared, but if I have to (defend myself), I will.”
In the meantime, James’ mother Monica Sanders has apparently been flirting with the idea of reconciling with her son. She contacted me through the blog and said, “I have always had my doubts (about James’ guilt).” Uh-huh. Somehow James learned that his mother had intended to visit him on a Friday, but she never showed. She didn’t make it there the following Monday, either. I’d let her know that James was expecting her to visit.
Says James: “To be charged with rape and abusing my little sister is worse than death to me. I always hated people who could to that. To be accused of it, it's like being a murderer. To have my mom believe it, it’s ten times worse. I would never hurt my little sister, ever.

“I miss my mom. She was there for me every time before. She ran interference for me, so I wouldn't get beaten with a belt or cords. It hurts that she's not here now. I love her, but she dropped me—and she said she hates me. I cannot tell you how that feels inside.”

Blade Reed

There was a tremendous amount of reader interest in my recent posts about Blade, but we are still only a third of the way towards our goal of $1,700 for the costs of preparing a writ of habeas corpus.
To give you an idea of how important this is, a writ of habeas corpus (Latin for "you may have the body") is a legal action through which a prisoner can be released from unlawful detention. It safeguards an individual’s freedom against arbitrary state action. The US Constitution specifically includes the habeas procedure in the Suspension Clause, located in Article One, Section 9, and requires a court to inquire into the legitimacy of a prisoner's custody.
We will be raising at least four issues leading to Blade’s abusive custody at the Wabash Valley adult prison: Blade’s mental age at the time of the murder, statements made by the judge at Blade’s waiver hearing, misrepresentations by Blade’s court-appointed attorney concerning important procedural matters, and new evidence documenting Blade’s autism and PTSD.
Blade is indigent and has only us to rely on. Please help if you can by sending a gift in any amount through PayPal to info-at-wandervogel-dot-com.

 ۞

Groove of the Day 

Listen to Molly Hatchet performing “Justice”

Editorial: Tough-love not always wise course in juvenile justice

http://t.co/ikUJikW

The tough-love approach to juvenile justice undertaken in the 1980s and ’90s was designed to send a message to frighten would-be young criminals.
You get caught, you go to jail.

To an extent it worked, at least for awhile.

The question some officials are asking now is at what price.

Although removing an offender from the community has an immediacy to it that provides a sense of security, there are no conclusive indications it addresses the longer-term problem of preventing children from becoming adult criminals.

Many judges found themselves limited in the options available to them and there was little “in-between” punishment to take into account such questions as whether the child was likely to be a repeat offender, what removing them from the family structure would do or whether jail was truly warranted.

Several studies have indicated the majority of juveniles in institutions — 40 to 60 percent — are not felony offenders and present no signs of chronic criminal behavior. A review of 1,300 juvenile criminals showed prison did nothing more to prevent recidivism than did other forms of punishment, including probation.

Now, youth justice advocates are starting to review the benefits of community treatment instead of incarceration.

“The way we address and punish delinquent minors has a lasting effect on the life of the child, and extends into adulthood. If we can make it easier for them to better their lives and avoid creating a lifelong criminal, we should exhaust every other alternative before confinement,” said Maywood Democratic state Rep. Karen D. Yarbrough.

That prompted her to become the chief sponsor of House Bill 83, which was signed into law Tuesday. It requires juvenile court judges to consider educational and mental health needs of the offender to make certain the sentence is the best possible. In essence, it is directing juvenile court officials in Illinois to study all the options rather than just giving up on the child and continuing a sad cycle that continues for years.

Critics see it as a costly proposition that is akin to holding hands and singing “Kumbaya” while ignoring the criminal act.

To the contrary, community treatment often costs less than incarceration. It also does not tie a judge’s hands in sending juveniles to prison when warranted.

Absolutely, there are crimes when prison is the best option.

It should not be the only choice, though.

U.S. is only nation where juveniles can serve life sentence, should that change?

io

 

Davis Turner-Pool/Getty Images

 http://www.jlwop.com/blog/us-is-only-nation-where-juveniles-can-serve-life-sentence-sh.html

The California legislature on Wednesday will vote on the Fair Sentencing for Youth Act, or SB 9, which would enable juvenile offenders to petition the courts for changes in their life sentences.

Sponsored by Democratic senator and child psychologist Leland Yee of San Francisco, SB 9 is trying to reform the state’s current practice of sentencing juveniles to life without parole, which was instituted after California voters approved Proposition 115 in the wake of a 1980s crime spike.

SB 9 would permit inmates who had exhibited signs of rehabilitation and remorse to ask for a case review after 15 years of incarceration, in which they could be re-sentenced to 25 years to life. After serving 25 years, offenders would be eligible for parole, though they would need to go before a special board for examination prior to their release.
Adam Keigwin, Yee's cheif of staff, told Patt Morrison that nearly 300 Juveniles are serving these no-parole sentences in California prisons, and that some are serving them unjustly. “Half of these kids who are serving parole were not the trigger person, they were a look out, they were found guilty of being an accomplice." Under California's felony murder rule, the accomplice can be found as legally culpable as the actual killer.  "Sometimes they didn't even realize a murder was going to take place,” say Keigwin. “They thought they were robbing a store and something went horribly wrong.”
Critics point out that America is currently the only nation in the world to uphold this type of policy. Opposition in Texas already banned a bill similar to Prop. 115 in 2009, and in 2010 the U.S. Supreme Court found the practice unconstitutional on the grounds that it violated the cruel and unusual clause of the Constitution when minors had not committed murder.
Keigwin says that findings about human brain development were key to Yee's bill.  “We're talking about kids, we're talking about individuals who's brains have not fully matured, who make decisions based upon that immature brain that they would never make years later,” he said. “  And so, all we're saying is fifteen years after the fact, where you are now into your 30s—where your brain is fully developed—and you maybe could make a different decision based on that brain development; that you get that opportunity.”
Daniel Horowitz is a criminal defense and white collar crime attorney. His wife, Pamela Vitale, was brutally murdered murdered by a 16-year-old. That man is serving a life sentence without parole, and Horowitz says Lee's proposal i  “like letting the vampires out to to free the few people who are wrongly committed.”
He says recidivism rates among California criminals are very high, and questions whether or not the remorse these juveniles show is sincere.
Keigwin agrees that the crime against Horowitz's wife was tragic, and says someone murderers like that would never be released. Keigwin says he has not seen a single person released after a 25-to-life sentence commit a heinous crime. He says part of the problem lies with a criminal justice system he says that virtually ignores juveniles sentenced to life. “We lock you up we throw away the key, we don't give you any services whatsoever," said Keigwin, "all that does is really harden this individual.”
Horowitz says this is exactly the reason why these people should not have the option for parole, and says he has asked Lee to consider an alternative plan that changes the prison system and focuses on rehab.