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August 9, 2017 The Skanner Page 9 News Court Ruling Off ers New Hope for Lifers Sentenced as Children Lawyers applying last year’s court ruling on juvenile sentencing to those currently in prison BALTIMORE — A U.S. Supreme Court decision triggering new sentenc- es for inmates serving mandatory life without parole for crimes com- mitted as juveniles has had a far greater eff ect: The ruling is prompting lawyers to apply its fun- damental logic — that it’s cruel and unusual to lock teens up for life — to a larger population, those whose sentences include a parole provision but who stand little chance of getting out. The court in January 2016 expanded its ban on mandatory life without parole for juveniles to more than 2,000 off end- ers already serving such sentences, saying teens should be treated diff er- ently than adult off end- ers because they’re less mature, prone to manip- ulation and capable of change. The court found that all but the rare juvenile lif- er whose crime refl ects “permanent incorrigibil- ity” should have a chance to argue for freedom one day, and dozens serving mandatory terms have since been resentenced and released. But legal challenges are also being argued on behalf of off enders sen- tenced to life with parole for crimes they commit- ted as teens — a popula- tion totaling some 7,300 inmates nationwide, ac- AP PHOTO/JULIET LINDERMAN Juliet Linderman Associated Press In this Dec. 28, 2016 photo, Robert Boyd holds high school and college diplomas he earned while incarcerated, at his home in Baltimore. At 16, he was sentenced to life for his role in a home invasion that turned deadly in Baltimore. Boyd was the lookout, standing watch on the porch. The man who fi red the fatal shot was acquitted at trial. By the time Boyd was released, after 34 years behind bars, even Brian Murphy, the prosecutor who tried the case in 1982, off ered to testify on his behalf. “It was not the intention of anybody back then that guys like this wouldn’t get paroled,” Murphy said. “It doesn’t sound fair or legal.” cording to Ashley Nellis at advocacy group The Sentencing Project. “Even states that do have parole, it doesn’t give a lot of reason for hope,” Nellis said. “The Supreme Court was very clear to say that age-related factors need to be considered at resentencing or parole review, but the feedback we’re seeing is that those factors aren’t being con- sidered.” Other courts are ap- plying the 2016 ruling to those whose life-with- out-parole sentences weren’t mandatory or were negotiated as part of a plea deal. In Florida, more than 600 inmates are poten- tially eligible for new sentences because court decisions there require a new look at anyone serv- ing life for crimes com- mitted as minors — even if their sentences were optional or included the possibility of parole. The Supreme Court has not ruled on these other circumstances, but some state courts have. In January, New Jersey’s Supreme Court ordered new sentences for two former teen off enders with de facto life terms. One was serving 110 years, with parole eligi- bility aft er 55 years; the other had 75 years, with parole eligibility aft er serving 68. The court noted both defendants would “likely serve more time in jail than an adult sentenced to actual life without parole.” The number of years inmates must serve be- fore parole eligibility varies by off ense and state: In Tennessee, a lif- er must serve 51 years. In Texas, 40. Lifers could qualify for a hearing aft er 10 years in Michigan, but that doesn’t mean they’ll get one. In 44 states, parole boards are appointed by governors, and review processes vary great- ly. Some boards review prisoner fi les without in-person interviews. Some states specify fac- tors to consider; others allow signifi cant discre- tion. If a prisoner is denied, he’ll likely wait several years for another chance and sometimes isn’t told why. Chester Patterson, 63, has been behind bars for 45 years in Michigan. At 17, he fatally shot a store clerk during a robbery. He got life with the pos- sibility of parole aft er 10 years. Patterson has earned degrees, com- pleted a substance-abuse program, worked in the library, and avoided dis- ciplinary tickets. He’s also been denied parole at least fi ve times, according to records. Each time, the board sends a notice that says, “no interest.” He’s awaiting a deci- sion aft er his most recent hearing in April. “I am not that same 17-year-old kid. I will never commit another crime again,” Patterson wrote to The Associated Press. “I caused a terrible tragedy for which I will always be sorry and shameful. What more can I say to the family? I have been here for al- most a half of a century, and the parole board is still saying no.” His case isn’t unique. In Florida, a state Supreme Court ruling last year said that juvenile off end- ers who were eligible for parole must be resen- tenced to ensure they have a real opportunity for release. It involved the case of Atwell, who got life with the possibility of parole aft er 25 years for a mur- der he committed at 16. When it came time for Atwell to argue for his freedom, the state calcu- lated his presumptive re- lease date as 2130 — 140 years aft er sentencing. “While technically Atwell is parole eligible, it is a virtual certainty that Atwell will spend the rest of his life in pris- on,” the justices wrote, and his sentence, “vir- tually indistinguishable from a sentence of life without parole, is there- fore unconstitutional.” (Florida Department of Corrections/Miami Her- ald via AP) The ruling came in the case of Angelo Atwell, who got life with the pos- sibility of parole aft er 25 years for a murder he committed in 1990 at age 16. When it came time for Atwell to argue for his freedom, the state calcu- lated his presumptive re- lease date as 2130 — 140 years aft er sentencing. “While technically Atwell is parole eligible, it is a virtual certainty that Atwell will spend the rest of his life in prison,” the justices wrote, and his sentence, “virtually See LIFERS on page 10 Information is powerful. The power is in your hands. A career you can be proud of. Being a carpenter isn’t just a job. It’s a way of life. We’re devoted to strengthening the lives of our members with steady work, wealth and personal growth. We take a stand for our members and all workers. We work together to lead the building industry in safety, training and compensation. We create rich lives for our members and partners. To learn more about becoming a union carpenter, go to NWCarpenters.org. 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