14 Yrs Old Doing 25-Life

Clemency for 14 year old sentenced in 2007 to 25 years, serving a mandatory time of 100%.
What were you doing at the age of 14? Now imagine facing a 25 year to life prison sentence at this age? Do you feel a split second should determine your whole life? And are you the same person now that you were then? This was the case for one young man 10 years ago, a child being punished as an adult.
In 2007 Brian Harrington Jr. was 14 years old when he found himself in an inexplicable situation with the law for the first time in his life. An older relative of Brian had set up a gun sale with another young man, who he had brought into the neighborhood where Brian resided. On this day a split second changed the lives of those involved forever; ultimately the unfortunate loss of a life and the imprisonment of Brian. In the process of the sale, the gun was handed to Brian by an 18 year old relative, and without the knowledge that the gun was loaded, Brian reached in to display the gun. In this moment the buyer attempted to drive away. Brian's instinctive reaction to pull back from a moving vehicle caused the gun to discharge. This was the moment that changed everything. Later Brian would be in custody along with the others involved. He was facing involuntary manslaughter charges in juvenile court. Brian was interrogated without representation or even the presence of a legal guardian. He was told he was lying, this was not an accident, and the goal was to rob the young man. The three other young men also involved were all questioned and had consistent stories of a gun deal and the accidental discharge of the gun. Subsequently police offered all the young men the option to admit to a robbery, thereby promising leniency in their sentencing in return placing all fault on Brian, they complied. Brian however, maintained all along that it was an accident and thereby being the only one refusing to change his statement to suit the desired narrative of the detectives, he thus became the target of a felony murder charge. Brian was transferred to adult court and tried as an adult. At 14 years old Brian was sentenced under the same previsions and guidelines as an adult would if found in the same situation. Facing a 25 to a life sentence, Brian took a plea of 25 years and was placed under Illinois's Truth in Sentencing law. This TIS is a mandatory 100% time given by the court to be served, no possibility of parole.
Now 10 years in to his sentence, Brian still thinks of the young man and his family. He wishes the best for them, and would hope for them to know he never intentionally meant to hurt anyone. Brian has seen 7 different facilities, and has made the decision to make the best out of his situation and self educate. He has achieved his G.E.D, he received his Associate Degree with honors, studies law, active in the basketball team and coaches the baseball team, is an extremely talented portrait artist and writer, and works within the facility as an art instructor. Our goal is to have his sentence revisited and clemency granted by the governor of Illinois, in hopes of bringing Brian home sooner. If Brian receives no relief he will return to the world as a 40 year old man after completing his entire sentence for something that was ultimately an accident, 14-40? By bringing attention to this inequity, and with your support we hope to reach our goal. Thank you.
Instagram: @kingmoosaproject Facebook: King Moosa Project

Staff Recommends Sentence Reduction For Amber

4 Laudatory Chronos signed by my the correctional Leiutentants to commend me for a positive attitude towards both staff & my peers.
The Chrono Reads>
This CDC 12&B is being submitted in order to commend Inmate Amber Riley #WA3123
for her positive programming efforts. I have known inmate Riley for 4 years since she transfored from VSPW. She continuously displays a confident and positive attitude.Inmate Riley is always respectful towards staff and has not received any RVR'S while being housed at Central California Women's Facility .I have also observed that she is liked & respected by her peers. She contributes to the facilities programming atmosphere and is constantly seeking to better herself in order to prepare her transition into the community. I think Inmate Riley should be commended for her hard work and personal achievements. It should be noted that Inmate Riley reports to work,ducats, and other activities in which she is involved,punctually and enthusiastically.
Signed: J.Pimentel Correctional Lieutenant
May 9/2016:
---------------------
7/7/2017
Correctional Officer M. Shabbar
This CDC 128-B is being Submitted on Behalf of Inmate Riley #WA3123.
I have been able to supervise Inmate Riley since 2017, in the building as one one of her job supervisors (Building 703/"A" Yard Program Office where Inmate Riley is assigned Facility "A" Lieutenants Clerk. Inmate Riley maintains a positive and respectful attitude staff & peers. Riley abides bt the rules and regulations. I have never seen Inmate Riley behave in a negative or disruptive manner, and therefore should be commended for the character she consistently presents to the prison community.
Signed: Facility "A: Third Watch
M. Shabbar, Correctional Officer.
7/7/2017
--------------------------
128-B Chrono /8/18/2017
E-File/ Laudatory/Informational Chrono
Signed: Relief Officer
C.Celestin, Correctional Officer

The purpose of this 128-B Chrono is to commend Inmate Riley #WA3123.
I have observed Inmate Riley's good report with the staff and her peers, despite all the different attitudes within the institutional environment.
Inmate Riley is always consistent with her attitude & behavior.he also practices integrity. She stays focused and committed to being herself. Inmate Riley has participated in some of our self help groups,she is learning skills to take with her when released.
Inmate Riley should be commended for having a good outlook on life and for her behavior and the progress she has attained regarding her personal growth.

-----------------Please Sign Amber's New Petition For A Sentence Reduction

PLEASE Help Amber To Come Home

https://www.change.org/p/governor-edmund-brown-please-help-amber-riley-come-home?j=229259&sfmc_sub=50997977&l=32_HTML&u=41927255&mid=7233052&jb=846



http://rileyj240.blogspot.com/2012/01/age-of-child-interrogating-juveniles.html
>

Jan. 19th 2018>>

My name is Amber R Riley and I was arrested for murder at the age of 16.
It has been 15 years ago that I was charged as an adult & sentenced to 26 To
Life.I had not been in trouble before this nor have I sence.I have a good reort with staff & my peers. I have spent the last 16 years aay from my family, my mom & dad whom I love very much & need to be with as they are elderly now & not in the best of health.
I have worked on my education all these years obtaing my GED & I have almost completed my AA degree in Social and Behavioral studies as well as a Certificate
in Business. I have worked to better myself through peer groups for myself & others by mentoring the younger inmates charged as adults. I am currently training rescue dogs for mentally & physically disabled through a program called Little Angels Service Dogs & this coming week will mentor to my first Juvenile from the New Youth Diverson Program where I hope to make a difference in Teenagers decisions they make & hopefully help them from making bad choices that could lead them to prision.
>
4 Laudatory Chronos signed by my the correctional Lieutenants to commend me for a positive attitude towards both staff & my peers.
The Chrono Reads>
This CDC 12&B is being submitted in order to commend Inmate Amber Riley #WA3123
for her positive programming efforts. I have known inmate Riley for 4 years since she transferred from VSPW. She continuously displays a confident and positive attitude.Inmate Riley is always respectful towards staff and has not received any RVR'S while being housed at Central California Women's Facility .I have also observed that she is liked & respected by her peers. She contributes to the facilities programming atmosphere and is constantly seeking to better herself in order to prepare her transition into the community. I think Inmate Riley should be commended for her hard work and personal achievements. It should be noted that Inmate Riley reports to work,ducats, and other activities in which she is involved,punctually and enthusiastically.
Signed: J.Pimentel Correctional Lieutenant
May 9/2016:
---------------------
7/7/2017
Correctional Officer M. Shabbar
This CDC 128-B is being Submitted on Behalf of Inmate Riley #WA3123.
I have been able to supervise Inmate Riley since 2017, in the building as one one of her job supervisors (Building 703/"A" Yard Program Office where Inmate Riley is assigned Facility "A" Lieutenants Clerk. Inmate Riley maintains a positive and respectful attitude staff & peers. Riley abides bt the rules and regulations. I have never seen Inmate Riley behave in a negative or disruptive manner, and therefore should be commended for the character she consistently presents to the prison community.
Signed: Facility "A: Third Watch
M. Shabbar, Correctional Officer.
7/7/2017
--------------------------
128-B Chrono /8/18/2017
E-File/ Laudatory/Informational Chrono
Signed: Relief Officer
C.Celestin, Correctional Officer

The purpose of this 128-B Chrono is to commend Inmate Riley #WA3123.
I have observed Inmate Riley's good report with the staff and her peers, despite all the different attitudes within the institutional environment.
Inmate Riley is always consistent with her attitude & behavior.he also practices integrity. She stays focused and committed to being herself. Inmate Riley has participated in some of our self help groups,she is learning skills to take with her when released.
Inmate Riley should be commended for having a good outlook on life and for her behavior and the progress she has attained regarding her personal growth.

-----------------Please Sign Amber's New Petition For A Sentence Reduction

PLEASE Help Amber To Come Home

https://www.change.org/p/governor-edmund-brown-please-help-amber-riley-come-home?j=229259&sfmc_sub=50997977&l=32_HTML&u=41927255&mid=7233052&jb=846



http://rileyj240.blogspot.com/2012/01/age-of-child-interrogating-juveniles.html

Juvenile Cases

Case Name: People v. Vela , District: 4 DCA , Division: 3 , Case #: G052282
Opinion Date: 4/24/2017 , DAR #: 3958
Case Holding:
Juvenile offender who was charged by direct filing and tried as an adult is retroactively entitled to a transfer hearing under Proposition 57 because his case was pending on direct appeal, and not final, when Proposition 57 was enacted. Vela was sentenced to 72 years to life for murder and related gang charges for an offense committed when he was 16 years old. He was charged by direct filing and tried in adult court. While his appeal was pending, voters passed Proposition 57, which eliminated prosecutors' ability to directly file charges against juveniles in adult court. Instead, a juvenile's case may be transferred to adult court only after a transfer (fitness) hearing before a juvenile court judge. In a petition for rehearing in the Court of Appeal, Vela argued he was entitled to Proposition 57 relief under In re Estrada (1965) 63 Cal.2d 740. Held: Conditionally reversed. While laws generally operate prospectively only, Estrada provides that a law passed that lessens punishment should apply to cases pending on appeal, as the amendment represents an express determination that the former penalty was too severe. When a change in the law allows a court to exercise its sentencing discretion more favorably for a particular defendant, the reasoning of Estrada applies. Here, for a minor accused of a crime, it is a potential "ameliorating benefit" to have a neutral judge, rather than a prosecutor, determine that he or she is unfit for rehabilitation within the juvenile justice system. It is also a benefit for a minor to remain in the juvenile court, where the primary emphasis is on rehabilitation. In approving Proposition 57, which was intended to broaden the number of minors who could potentially stay within the juvenile justice system, the electorate determined that the former system of direct filing was too severe. Thus, it is an inevitable inference that the electorate intended the potential ameliorating benefits of Proposition 57 to apply to every case in which it constitutionally could apply. The court disagreed with People v. Cervantes (2017) 9 Cal.App.5th 569.

The appropriate remedy is conditional reversal dependent on the outcome of a juvenile transfer hearing. While Vela argued his convictions should be reversed, the Attorney General argued that the failure to provide Vela with a transfer hearing was harmless error. The court disagreed with both parties, concluding that the appropriate remedy is conditional reversal dependent on the outcome of a juvenile transfer hearing. The court directed the juvenile court to conduct a transfer hearing and, to the extent possible, treat the matter as though the prosecutor had originally filed a juvenile petition in juvenile court and had then moved to transfer the case to adult criminal court. If, after the hearing, the juvenile court determines that it would not have transferred the case, the juvenile court is to treat Vela's convictions as juvenile adjudications and impose an appropriate "disposition" within its discretion. Alternatively, if the juvenile court determines that it would have transferred the case to adult criminal court, the judgment will be reinstated, and the criminal court shall conduct a Franklin hearing. (See People v. Franklin (2016) 63 Cal.4th 261 [directing trial court to determine whether defendant had an opportunity to make a complete record of information that would be relevant at a youth offender parole hearing and, if not, permitting the parties to put relevant evidence on the record].)

The full opinion is available on the court's website here: http://www.courts.ca.gov/opinions/documents/G052282.PDF
----------------------------------------------------------------------------------------
Case Name: In re B.M. , District: 2 DCA , Division: 6 , Case #: B277076
Opinion Date: 4/20/2017 , DAR #: 3827
Case Holding:
Juvenile court's factual finding that a common butter knife was a deadly weapon was not wholly irreconcilable with the evidence. Appellant, a minor, attacked her sister with a metal butter knife while her sister was lying on her back in bed. The sister covered herself with a blanket for protection. Although she felt pressure from the knife through the blanket, she was not injured. The juvenile court sustained a Welfare and Institutions Code section 602 petition alleging appellant committed felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). On appeal, appellant argued there was insufficient evidence that the knife she used was a deadly weapon. Held: Affirmed. "As used in section 245, subdivision (a)(1), a deadly weapon is any object, instrument, or weapon which is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury." (People v. Aguilar (1997) 16 Cal.4th 1023, 1028-1029 [internal quotations omitted].) Here, the juvenile court, sitting as the trier of fact, made a factual finding "that the six-inch metal butter knife could be used to slice or stab, even though it was not designed for such." Based on the facts of the case, the juvenile court's finding was not wholly irreconcilable with the evidence. When an object "is capable of being used in a 'dangerous or deadly' manner, and it may be fairly inferred from the evidence that its possessor intended on a particular occasion to use it as a weapon should the circumstances require, . . . its character as a 'dangerous or deadly weapon' may be thus established, at least for the purposes of that occasion." (People v. McCoy (1944) 25 Cal.2d 177, 189.) It does not matter that the victim was able to fend off great bodily injury with her blanket or that appellant was not skilled at using the knife. The court disagreed with In re Brandon T. (2011) 191 Cal.App.4th 1491.

The trial court properly denied appellant's motion to exclude her statements to a police officer after the attack, because appellant was not in custody during the interview. Appellant's sister called 911 after the attack and an officer drove to her residence. The officer saw appellant outside and asked her if her name was B.M., and appellant said yes. The officer asked appellant to walk towards him and sit against the bumper of his marked patrol vehicle so he could talk to her about what happened, and they talked about the altercation. On appeal, appellant argued her constitutional rights were violated because the officer did not inform her of her Miranda rights before detaining and questioning her. The Court of Appeal disagreed. Miranda advisements are required only when a person is subjected to custodial interrogation. The test for Miranda custody is, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave. Based on the totality of the circumstances, appellant was not subjected to custodial interrogation. She was not placed under arrest or in handcuffs, and there was only one officer present. The detention was not prolonged and occurred in a noncoercive atmosphere. The officer was not confrontational and did not use interrogation techniques to pressure appellant. Under these circumstances, a reasonable person in appellant's situation would have believed she was free to leave at any time and terminate the interview.

The full opinion is available on the court's website here: http://www.courts.ca.gov/opinions/documents/B277076.PDF

Rikers Juvenile Beaten

New York: Correction Captain Charged With Beating Teenage Rikers Inmate

A New York City Correction Department captain was arrested on Thursday and charged with beating an inmate at Rikers Island so badly that several of the prisoner's teeth were broken, and prosecutors say four other guards helped cover up the attack.
The captain, Sandy Arkhurst, 42, pleaded not guilty before Justice Robert Neary in State Supreme Court in the Bronx and was later released on $10,000 bail. The four other officers charged - John Penafiel, 29; Christopher Squillaro, 31; Orlando Rivera, 58; and Michael Nicholson, 42 - were also released on $5,000 bail after denying the charges.

A federal monitor overseeing reforms at Rikers Island found in a report this spring that guards continued to use brutal force against inmates at an alarming rate and often lied to cover up those incidents. Those findings came despite efforts to clean up the troubled jail complex after the city reached a sweeping settlement agreement in 2015 in response to a lawsuit. Mayor Bill de Blasio has backed a plan to replace the sprawling complex with smaller jails.

All five guards were members of a special unit that was called to the Eric M. Taylor Center, one of the island's jails, on June 3, 2016, to deal with an 18-year-old inmate, Rodolfo Rodriguez, who was refusing to go into his cell, prosecutors said.




Read More

: 13-year-old raped by inmate at Angola Rodeo

Louisiana: 13-year-old raped by inmate at Angola Rodeo

The Louisiana State Penitentiary says it is investigating an "incident" after a report citing anonymous sources claimed a teen was raped at the Angola Rodeo.


WBRZ-TV in Baton Rouge reports that multiple sources agreed to discuss the "situation" after agreeing to not be identified. The station says numerous attempts to get information from officials were stymied until the report aired 6 p.m. Tuesday.

The report says a spokesperson for the state prison released a brief statement late Tuesday.


"There is an ongoing investigation into the alleged incident which may have occurred during the last weekend of the October 2017 rodeo," state prison spokesperson Ken Pastorick told WBRZ. "The details about the alleged incident will not be released or discussed until the appropriate time."




Read More

Juvenile Justice and Delinquency Prevention Act (JJDPA)

NJJN

Today at 8:55 AM


Message body


For more than four decades the Juvenile Justice and Delinquency Prevention Act (JJDPA) has had a profound impact on how our youth justice systems operate. In fact, it has so deeply changed how states organize their justice systems that many reformers, unfortunately, take it for granted.



Without the JJDPA, reformers would lack consistent data, a go-to federal agency, funds for community-based options and system changes, and state-level oversight bodies to monitor basic care for youth in the system.

This snapshot highlights the basics of what this law does and why it continues to be a critically important tool for helping young people and communities.



At the time that the JJDPA was enacted, egregious practices were commonplace in many states, such as regularly placing children in the juvenile justice system into adult jails. Thus, the JJDPA was enacted to provide federal guidance and standards to ensure a minimum level of safety and equitable treatment for youth in every state, U.S. territory, the District of Columbia, and tribes. Here are some of the key ways that the JJDPA does this:


Protects Youth
The JJDPA established four core protections for youth:
• The deinstitutionalization of youth with status offenses (DSO) core protection provides that youth charged with offenses such as truancy and running away should not be confined in juvenile facilities or adult jails;

Establishes State Oversight
Title II State Formula Grants5
Title V Local Delinquency Prevention Program


The JJDPA was last reauthorized by Congress in 2002. That means it does not reflect many of the important new developments in the field, including new adolescent brain science research; the cost-effectiveness and improved outcomes from trauma-informed, community-based approaches; and what we know works to address the needs of youth of color and girls. Efforts are underway to update and reauthorize the JJDPA to reflect these new developments and incentivize states to enact bold, evidence-based reform efforts that have proven to be more effective.


National Juvenile Justice Network | 2
1424 K St. NW, Suite 403 Washington, DC 20005 • info@njjn.org • www.njjn.org
>
WHAT JJDPA DOES:
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• The jail removal core protection provides that youth should not be placed in adult jails and lock-ups except under very limited circumstances;
• The “sight and sound” separation core protection provides that youth in adult jails or lock-ups must be sight and sound separated from adult inmates; and
• The disproportionate minority contact core protection mandates that states take measures to reduce racial and ethnic disparities at key contact points in the juvenile justice system.
Created a Federal Agency
The JJDPA established the office of Juvenile Justice and Delinquency Prevention (OJJDP) – an agency that provides national leadership, coordination, and resources to states to help them comply with the core protections and other requirements of the JJDPA, as well as to develop effective youth justice programs to support youth and build healthy, safe communities. These resources include:
• provision of funding to the states through formula and discretionary grants;
• technical assistance and training to states;
• research, reports and trainings on youth justice issues and reforms; and
• the collection and analysis of statistics on youth involved with youth justice systems throughout the country.
Collects Detailed Data
OJJDP collects, and makes public, data on youth in every stage of the youth justice system throughout the country. OJJDP provides statistical analyses of this data as well as a Statistical Briefing Book, which allows all users to sort the data by a variety of categories on the national and state level.
Establishes State Oversight
The JJDPA requires that governors create a State Advisory Group to provide advice on youth justice policy, monitor and support the state’s progress in addressing the JJDPA core requirements, provide input into the distribution of the state’s JJDPA funding, and develop a three-year, youth justice plan for the state.
Funds Programs
The JJDPA emphasizes that states provide funding for community-based alternatives.1 JJDPA funds have been used by states to fund a variety of community-based programs, such as afterschool and summer delinquency prevention programs


Created a Federal Agency
The JJDPA established the office of Juvenile Justice and Delinquency Prevention (OJJDP) – an agency that provides national leadership, coordination, and resources to states to help them comply with the core protections and other requirements of the JJDPA, as well as to develop effective youth justice programs to support youth and build healthy, safe communities. These resources include:
• provision of funding to the states through formula and discretionary grants;
• technical assistance and training to states;
• research, reports and trainings on youth justice issues and reforms; and
• the collection and analysis of statistics on youth involved with youth justice systems throughout the country.



Read More:
http://www.njjn.org/uploads/digital-library/JJDPA%20Snapshot%20October%202017.pdf

When A Child Is Worth Miore

http://www.prisonsfoundation.org./uploads/mem-worth.pdf