Posts
By Ashley Southall and Jan Ransom, New York Times
NATIONAL NEWS
New York City’s Young Inmates Are Held in Isolation Upstate Despite Ban
Posted 11:49 p.m. yesterday
NEW YORK — Three years ago, when New York City banned solitary confinement for inmates younger than 22 and curtailed it for others, Mayor Bill de Blasio held up the policy as a model for reform.
But since the rules were approved, the city has stepped up a long-standing practice of transferring some inmates to correctional facilities elsewhere in the state where no such restrictions exist. Dozens of New York City inmates, including several teenagers, have ended up in solitary confinement
Transfers of inmates 21 and younger increased sharply starting in 2015, the year the city adopted the solitary ban, and except for a drop in 2017, the number of such transfers has remained well above the levels seen before the ban, according to Correction Department data.
At least 10 young inmates have been transferred from New York City this year, including eight who are in solitary at one upstate jail, the Albany County Correctional Facility, according to their lawyers.
Defense lawyers say transferring inmates allows city officials to avoid responsibility for harsher conditions of confinement. A few of the lawyers are challenging the transfers in court on the grounds that they violate inmates’ due process rights, as well as state law and city rules.
Isolation of inmates has been shown to heighten the risks of suicide and depression, especially among young people, and the city has not only limited the use of solitary confinement but has begun moving 16- and 17-year-olds off Rikers Island to comply with a new state law that raised the age at which a person could be charged as an adult to 18. But some of the reform efforts have faced resistance, most notably from the union representing guards, which has said serious sanctions like solitary must be preserved for violent inmates.
All the inmates sent to Albany said through their attorneys or in interviews that they have been beaten by guards and put into solitary confinement for months.
Steven Espinal, 19, said guards stomped and kicked him so badly when he arrived that he lost hearing in his left ear and passed blood in his urine. He was hospitalized, then sentenced to 600 days in solitary confinement for violating jail rules, his lawyer said.
Currently, 10 young New York City inmates are being held in outside jails, according to the Correction Department. There are 811 inmates younger than 21 in the city’s jails.
Detailed information about how transfers have been used under de Blasio was not available because orders granted for safety reasons were destroyed three years after they expired. That practice ended in April, when the state Commission of Correction, which approves transfers
Since city jails implemented alternatives to solitary confinement for inmates 21 and younger, officers have complained they lost an effective tool for controlling young inmates.
Inmates sent to the Albany jail described a pattern of abuse that begins with made up misconduct and weapons violations. In written complaints and in interviews with The New York Times and their lawyers, they said the charges serve as a pretext for beating and isolating them.
https://www.wral.com/new-york-city-s-young-inmates-are-held-in-isolation-upstate-despite-ban/17714114/
Monday, July 23, 2018
Wednesday, May 23, 2018
TAKE ACTION FOR CA. YOUTH
Fair Sentencing for Youth
Learn, get support, and take action for justice.
Join families and friends of youth sentenced to prison.
Dear Friends and Families-
Take action!
Let's never send a 14- & 15-year-old to adult court again.
Two easy things you can do to help change California's law.
Dig up a picture of yourself at age 14 or 15.
Support SB 1391 by finding a picture of yourself at age 14 or 15 and help remind Californians just how young kids sentenced as adults can be. We're asking people to post pictures of themselves at age 14 or 15 with a statement of support for SB 1391 and hashtags: #LifeAt14 / #LifeAt15, #CareNotCages, #PassSB1391. Ask others to join in! Please let us know - click here - if you can find a photo of yourself by May 17. We'll send a reminder when the campaign starts the following week, along with suggested tweets, Facebook, etc.
Make a 30-second call to your senator, and ask others to do the same.
Right now is the time to send in letters or just make a call. You can find who represents you and an easy sample letter or instructions on
making a 30-second call to your senator by clicking here. >
http://fairsentencingforyouth.org/wp/wp-content/uploads/2018/04/SB-1391-Sample-Support-Letters-Individual-multi-to-SEN-ASM-FINAL.pdf
With gratitude for you all,
Elizabeth Calvin
Human Rights Watch
and
Dennis Flynn
CARES for Youth
LEARN ABOUT SB 1391.
They can't get a driver's license, buy a lottery ticket, go to an R-rated movie, or purchase a beer or cigarettes. Yet, if they commit a crime, they can be treated just like an adult and lose the real chances to grow and mature in the juvenile system.
Read about the bill here. Take two minutes out of your day, and write a letter to your Senator and Assembly Member, or, take 30 seconds to call! Get a sample letter by clicking on this link, or click here for a script and instructions for a 30-second call to your senator.
Watch this video of Daniel, who is a successful college student now, but at age 14 he was facing 35-years-to-life in prison.
Help us get the word out! Tweet or post these on Facebook and link to: www.fairsentencingforyout h.org/take-action/
A 14- or 15-year-old is #NotAnAdult #PassSB1391 @FairS entencing
Prison sentences are #NotRightforaChild #PassSB1391 @FairSentencing
Our youth deserve #CareNotCages #PassSB1391 @FairSentencing
GET YOURS!
THE UPDATED
YOUTH OFFENDER
PAROLE GUIDE
For people inside and
their families and friends.
Click here to get yours!
http://fairsentencingforyouth.org/wp/wp-content/uploads/2017/10/Youth-Offender-Parole-Guide_Working_v9-oct-4-2017-final.pdf
Learn, get support, and take action for justice.
Join families and friends of youth sentenced to prison.
Dear Friends and Families-
Take action!
Let's never send a 14- & 15-year-old to adult court again.
Two easy things you can do to help change California's law.
Dig up a picture of yourself at age 14 or 15.
Support SB 1391 by finding a picture of yourself at age 14 or 15 and help remind Californians just how young kids sentenced as adults can be. We're asking people to post pictures of themselves at age 14 or 15 with a statement of support for SB 1391 and hashtags: #LifeAt14 / #LifeAt15, #CareNotCages, #PassSB1391. Ask others to join in! Please let us know - click here - if you can find a photo of yourself by May 17. We'll send a reminder when the campaign starts the following week, along with suggested tweets, Facebook, etc.
Make a 30-second call to your senator, and ask others to do the same.
Right now is the time to send in letters or just make a call. You can find who represents you and an easy sample letter or instructions on
making a 30-second call to your senator by clicking here. >
http://fairsentencingforyouth.org/wp/wp-content/uploads/2018/04/SB-1391-Sample-Support-Letters-Individual-multi-to-SEN-ASM-FINAL.pdf
With gratitude for you all,
Elizabeth Calvin
Human Rights Watch
and
Dennis Flynn
CARES for Youth
LEARN ABOUT SB 1391.
They can't get a driver's license, buy a lottery ticket, go to an R-rated movie, or purchase a beer or cigarettes. Yet, if they commit a crime, they can be treated just like an adult and lose the real chances to grow and mature in the juvenile system.
Read about the bill here. Take two minutes out of your day, and write a letter to your Senator and Assembly Member, or, take 30 seconds to call! Get a sample letter by clicking on this link, or click here for a script and instructions for a 30-second call to your senator.
Watch this video of Daniel, who is a successful college student now, but at age 14 he was facing 35-years-to-life in prison.
Help us get the word out! Tweet or post these on Facebook and link to: www.fairsentencingforyout h.org/take-action/
A 14- or 15-year-old is #NotAnAdult #PassSB1391 @FairS entencing
Prison sentences are #NotRightforaChild #PassSB1391 @FairSentencing
Our youth deserve #CareNotCages #PassSB1391 @FairSentencing
GET YOURS!
THE UPDATED
YOUTH OFFENDER
PAROLE GUIDE
For people inside and
their families and friends.
Click here to get yours!
http://fairsentencingforyouth.org/wp/wp-content/uploads/2017/10/Youth-Offender-Parole-Guide_Working_v9-oct-4-2017-final.pdf
Tuesday, May 1, 2018
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
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
Thursday, March 15, 2018
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
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
Friday, December 8, 2017
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
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
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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
Friday, December 1, 2017
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.
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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
Friday, November 10, 2017
: 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
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."
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