Pa State Hearings on Supreme Court Ruling

I'm leaving in a few minutes for Harrisburg, the Pennsylvania State Capitol. I'll be testifying before the State Senate Judiciary Committee. I'm setting this to post at lunchtime, which is when I'm scheduled to talk. Thanks to everyone for their support these past few weeks and moving forward, it is greatly appreciated.

                                                                                      July 12, 2012

Testimony of Bobbi J:

Family member of a murder victim of a juvenile killer serving life in prison, opposed to any changes to past sentences in Pennsylvania, proponent for reform of mandatory sentences in the future, with JLWOP maintained as a sentencing option.

Introduction

I’d like to start by thanking the committee for quickly acting upon the Supreme Court ruling and scheduling these hearings. Also, I am grateful that I am able to speak, on behalf of my family, and for those families who find this too painful to endure.

I’m here today as a victim, just a victim. I remember how odd that moniker felt the first time I was referenced that way. I thought my sister was the victim, that her baby was the victim; they were the ones who were murdered. However, I am a victim of the crime committed by my sister’s killer, and time has shown me why that title applies.

I serve on an advocacy board for a National organization of people who are just victims. We have prayed for the past five or six years that this day would never come. I’m just a victim, who has testified before this committee twice, prior to today. I’m just a victim who had all sense of closure and finality in my sister’s brutal murder stripped away by five individuals in Washington, DC, in spite of my best efforts to make them see what that decision would mean. I’m just a victim who stood outside of the Supreme Court during the oral arguments, because law students and people who support the murderers took up all the seats inside. I’m just a victim, whose whole life is in complete upheaval because of all of these things.

On Tuesday of this week, while I was on a call for my job, I got a voice mail from a reporter in Pittsburgh, where I live. The message was to convey that my sister’s killer had filed for an appeal, and would I like to comment. I’m just a victim, who found out on her voicemail that the person who brutally murdered her sister and unborn child, was seeking to be freed.

As I see it, there are three topics of concern, which should be addressed in these hearings. The first is whether these existing sentences are eligible for review, the second is if they are, how can is that best accomplished, and finally how should the law be revised to accommodate the ruling.

Questioning Retroactive Action

I’m not a law scholar, I know enough to get by, and us victims have to learn some of these lessons the hard way. However, in regard to the retroactive application of the Supreme Court ruling, I question why that is the appropriate course of action. The sentences in these cases, cases like my sisters murder, were prosecuted and sentenced under laws that were acceptable at the time.

In 1997, the ‘Crimes Against the Unborn Child Act’ was passed by the Pennsylvania legislature. As I understand it, this means that my sister’s murderer committed 2 murders, not one. However, there is no do over for his sentence or another trial as a result of the new law. The law when he murdered his baby was that the baby didn’t “count”, and so that is what we had to live with. I would present the possibility that this is comparable to now asking for a do over for his sentence. In both cases, the law changed, and it should apply to all cases going forward, not retroactively. 

What if it is retroactive?

If it turns out that the law is retroactive, which I fully anticipate based on how victims rights have been completely ignored on this topic to date, then I beg this committee to find a way to incorporate the victims. The notification on my voicemail regarding the appeal just further fuels my fear that victims all over this state will be completely blindsided or completely unaware of what is happening here. I believe you can make a difference and elevate the perception that we are just the victims, and help our voices be heard. The lack of consideration for the victims of these crimes in the media, the government, and by those Justices in many ways makes us feel like our dead loved ones mean nothing.

How best to make this a reality? That will be a complex endeavor that will require effort and resources that probably do not exist today. There is no mechanism in place to manage this situation. The victims in these cases have moved on, expecting the closure the justice system promised them to stand. For every one of me, who is notified by some reporter, there are probably several more families who have no idea that these killers could go free. In many cases, they probably are not signed up for updates, since we thought LWOP meant just that. Some things to consider include:

1.)         Notification – a notification system needs to be developed. These murder victims have families; those families often participated in the court proceedings or gave impact statements. EVERY single one of these families must be made aware of this ruling and the consequences. I’m sure victims, such as me, would be willing to help determine how to do this.

2.)         Participation – the victims of these crimes MUST be included in any development of a process to hear these cases and evaluate them for an opportunity to be re-sentenced. The glut of appeals filed via the appeal office should be held, immediately, with no action until a statewide process for hearing and judging these appeals is enacted. Anything short of that would be a travesty of justice for both the general public and the victims themselves.

3.)         Respect – It is imperative that victims’ rights be recognized in this process. The concept of victim impact statements and notifications must be part of the appeal process. Furthermore, the process of re-evaluation must be a one-time proceeding, without subjecting the victims to further traumatization for years to come.

I urge this committee and the State Supreme Court, to put the brakes on any appeal proceeding until the above conditions can be explored. To act without the above, would be cruel and unusual punishment for the victims, an irony not lost on me at this point.

Future Laws

The question remains, what to do with the JLWOP in the future. It is critical that you maintain the ability to assign JLWOP in cases that warrant that sentence. Again, I’m no law expert, but for the most part, I think the law works as designed today. The mandated sentences, for first and second-degree murder for juvenile offenders, should be replaced by a hearing to determine if that sentence is appropriate based on the crimes. This will ensure that JLWOP sentences are still available for murderers who kill in cold blood that deserve that sentence. This hearing could be a secondary step in the process of moving the case to Adult court, or a separate hearing closer to trial. In either scenario, a simple examination of the case will help frame the appropriateness of the sentence. For example, if you stab and beat your girlfriend to death, with a knife you brought from home and leave her and your unborn child to bleed to death in a schoolyard.

Conclusion

I thank you again for your swift action on this topic. I urge you to be the voice of reason in a world where we are just the victims. With careful consideration of the issue, and how every action impacts people who have suffered more than you can ever comprehend, you can be the light in our very bleak perception of our place in the Justice system.

Starting over....

This is the first day of waking up after the Supreme Court ruled yesterday that a Juvenile Life without Parole sentence is 'Cruel & Unusual' punishment if there are not other options at the time of sentencing. There is a certain irony in a ruling regarding cruel and unusual punishment that rips apart so many families who have already been through so much tragedy.

 I can't quite put the feeling into words. I think melancholy may be part of it, just plain sad covers it, I'm not particularly angry(although I've talked to some victims who are just that), there may still be an element of shock as well.

 Imagine if you will, that you were in a horrific car crash, that took the life of a loved one & scarred you for life. As the years go by, the memory of the crash is always there, but the trauma of the event is always like this low level buzz in the background. The person you lost in that crash, always in your memory, wishing things could be different. You move on, the best that you can, with what you can hold onto, struggling to let go of the bad ending and remember the good things.

 NOW, imagine that some 5, 10, 20 + years after that crash, an entity completely outside of your control, decided that the finality of that moment when you put it all behind you, wasn't really final. You will now be re-living that event, maybe once, maybe often, no one can tell you how often you have to be re-traumatized. But, your suffering is for the good of the nation, because it is what is 'fair'.

 With respect to my state, they have no mechanism or process to even manage this process, by which these murderers will get the second chance our loved ones never had. I now have to shift my focus on how that process is designed and struggle to have victim's voices included in the process. We all know the victim's voice is the minority. The bulk of the media coverage yesterday failed to mention the dead, as is so often the case.

 I don't think I can ever make anyone who hasn't walked in my shoes, understand just how devastating this all has been. I fought the good fight, did all I could, for my family, for my sister, and for the 100's of other victims I have met in similar circumstances. We lost, through no fault of our own. There was more money, more momentum, and more liberal press throwing support at those 'poor kids', who also happen to be murderers, some not fit to live in society. Check out the media coverage, they are treating Mr. Stevenson like a rock star, while we struggled and scraped our money together to get a press release. We're just not good for television, our stories are too sad, too real, too close to home. It's more palatable for the audience to hear how the 'kids' get a second chance.

 Maybe tomorrow will be easier, maybe someday I can really close the book on the justice system, like I thought we did 18+ years ago. Maybe not. I've been trying to get my head around the thought of my sister's murderer going free for a few years now. I still struggle with it. I guess while I try to get victim's heard in this parole/hearing process, I should also get right with the reality that he could go free... something I never had to really think about since he was charged.

 To the Justices who were in dissent, I do Thank You. It seems like you actually gave some consideration to the impact of this decision on us victims. To the Justices who have caused so many, so much pain, well, you have to live with it, I've got nothing for you. Keep us victim's in your thoughts when you see Mr. Stevenson on the talk show circuit doing victory laps. Think about the dead, and those of us left behind, while he smiles and celebrates his victory. They're the ones who should really matter, but we already know they no longer have voices.

Day after the Supreme Court....

The trip to the court didn't go exactly as I hoped, but it still was worth it. Despite our arrival at the court at ~6:30am, we were too far back in line to get seats. So, we spent the day outside. In spite of that disappointment it was time well spent.

We had the opportunity to speak with the opposition, various law students and teachers, a high school government class, and the media. Also, just being there in support of all the victims families who couldn't make the trip or don't know this is even happening helps as well. The family of Cole Cannon was there, and it was good to be there and offer them support as well.

The early reports from the court are that no one knows what will happen. There doesn't seem to be a clear read on the hearings. They may end JLWOP for 14 year olds. They may end JLWOP for everyone under 18. They may choose to do nothing and leave it to the states. They may impose guidelines for these sentences for states to implement when this sentence is reached. Depending on which of the above is the outcome, my sister's killer and many more may get parole hearings granted. Then we'll get to go back to court to deal with this tragedy all over again.

Some of you know, I've been trying to get to a place in my heart where I can accept that he may go free. I'm still struggling with that, but I'm trying.

I ended up taking most of today off work. I have a horrible tension headache and I didn't really sleep. These are both probably from the stress of the past few days, including my cat's sudden death just before the trip.

I think I need another break from this whole deal to get it together. I'll probably post more when the court rules if not sooner.

FYI. There were 2 documentaries filming at the court. One on LWOP and one on JLWOP. If I hear more about their release I will let you know.

Supreme Court Arguments Juvenile Life without Parole

Greetings from Washington, DC.

The Supreme Court will be hearing arguments tomorrow, March 20th, on Juvenile Life without Parole for 14 year olds. I've kind of neglected this blog for awhile, that is mostly because it's fairly painful to stay in the place where my head needs to be to fight this constantly. I have to take breaks. That never means I'm not following the filings and new laws, it just means I do it more privately.

The two cases before the Supreme Court are for 14 year old killers, one who participated in a robbery where the victim was shot in the head with a shotgun, and one who beat a man with a baseball bat, and then set his home on fire with him inside. They were both sentenced to a Life Sentence without the possibility of parole. The Supreme Court has agreed to hear arguments about these two cases.

The thing is, there is rarely mention of the victims in these cases. The victims in these cases are Cole Cannon and Laurie Troup. You'd be amazed how many articles you can read about the hearings tomorrow and NOT see these individuals names listed. It's incredibly disturbing.

A few things about this issue, that I think I've said before, but it bears repeating:

- The sentence of LWOP is not just randomly assigned to children. Each case is judged by merit and State laws.

- This brain science that I keep reading about, doesn't wash. If teenagers were all so impulsive, there would be a much higher instance of random murder among the teenage population.

- These killers had tragic and difficult lives, long before they killed in some cases. That doesn't really excuse them from the fact that they murdered, does it? There is no correlation between how troubled ones youth is/was and the nature of their punishment for murder. Once the murder occurred, they are responsible for that action.

- There are some really, really evil individuals serving these sentences in this country. This notion that they are all these 'poor kids' condemned to die is absurd. One news outlet ran an article that featured a photo of the murderer as a toddler. No photos of the victims to be found.

- Those of us who stood in court and heard these sentences, believed they would be forever. Now, every time this issue is argued in a legislature or a court, we are forced to relive something a person who hasn't experienced this could never even comprehend. That is not to mention the number of families who have no idea this is even happening. Imagine, you've put this behind you, then the nightly news comes on and you hear that your loved ones killer may be getting a new hearing.

I wouldn't wish any of this on anyone. I know these killers families suffer with this as much as we do. Having said that, they can and do have conversations with their loved ones. They get to see them grow up and grow old, albeit in jail. I look at photos or drive to the cemetery to spend time with my sister. She will never grow old, she will never pursue an education, she is no longer on this earth.

In the end, I hope the Supreme Court holds the sentences of these individuals, and all other JLWOP killers as constitutional. If they do find in favor of the petition, lets hope it's only for 14 and younger, which is a very small percentage of these sentences. If they were to make a blanket ruling, than every one of us who thought we were through with the Justice System, will be right back in the thick of it, reliving the worst days of our lives.

These sentences when applied are just and should be upheld without any more trauma to the families left in the wake of these tragedies.

Our group filed a brief with the court, it provides more info on some of these teenage murderers.

http://www.teenkillers.org/wp-content/uploads/10-964610-9647bsacNOVJLAmicusBrief.pdf