For those of you who are interested in Brandon McInerney’s long-term survival, the Ventura County Criminal Defense Bar has set up Brandon’s Defense Fund, in an effort to finance his defense. The effort to save Brandon’s life will most probably run into the hundreds of thousands of dollars, and every little bit helps. I encourage you to participate. Help make the difference. These are hardworking professionals who are working for practically nothing to make a difference in our community. Who knows, their work may eventually pay off for you or someone you know.
BRANDON’S CASE
When one begins to consider the truth of what might have happened, they will realize the facts of Brandon’s case are pretty startling, confusing, and enraging. But the bottom line is, Brandon McInerney should not be tried as an adult, and his life should not be at stake as a result of what happened. And here’s why.
When the tragic shooting of Larry King took place on February 12, 2008, Brandon was just 19 days past his 14th birthday. Because of the fact he was 14 when the alleged crime occurred, Brandon may never have the opportunity to be rehabilitated. Instead, he may be condemned to a life in adult prison with no chance at parole until he is at least 65 years old. Given the state of overcrowding and poor medical care in California prisons, and the propensity for violence and suicide, this child would most probably die while in prison. A death sentence at fourteen is inexcusable.
CRUEL AND UNUSUAL
The defense argues Brandon’s to be a case of cruel and unusual punishment, thus a violation of the state constitution. They are right for many reasons.
Despite the clear shortness of time between Brandon’s 14th birthday and the shooting, within two days after the murder the Ventura County District Attorney charged Brandon McInerney as an adult. They charged Brandon with one count of murder, and the Complaint further alleges two enhancements, use of a gun and hate crime. Count one carries a mandatory minimum sentence of 25 years with no possibility of parole followed by a life sentence. The gun enhancement carries a mandatory minimum of 25 years with no possibility of parole followed by a life sentence. The hate crime carries a 1-3 year consecutive term. Thus, the District Attorney’s office has exercised its charging discretion to expose this 14-year-old defendant to a mandatory minimum sentence of 51 years, meaning that if convicted, Brandon will reach the age of 65 before he becomes eligible for a parole hearing.
PROPOSITION 21
In this regard, the District Attorney has been empowered by Proposition 21, the “Gang Violence and Prevention Act of 1998.” Just as the United States uses Terrorist laws to try Americans that have nothing to do with terrorism, Brandon has been charged pursuant to a gang violence act, even though this case has nothing to do with gangs.
Approved in 2000, Proposition 21 substantially widened the authority for District Attorneys across the state to file charges against minors 14 years of age and older in superior court, rather than juvenile court, without any judicial determination as to fitness.
Thus, judicial discretion regarding sentencing, as well as any possibility of a juvenile or blended adult/juvenile disposition, are precluded by California’s sentencing scheme for a juvenile charged with a serious offense, such as Brandon’s case here. The prosecutor has the sole discretion to charge, whether they take this defendant’s particular circumstances into consideration or not. This is patently unfair and socially immoral. Nowhere else in the civilized world can we find such senseless, heavy-handed laws aimed at our immature youth.
Internationally, there’s no similar issue. International law strictly prohibits mandatory minimum sentences for children. The almost universally accepted United Nations Convention on the Rights of the Child explicitly requires a “variety of dispositions to be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.”
There is also a national consensus against sentencing juveniles to life sentences without parole. This is based on juveniles being treated similarly to the mentally retarded, in that they are deemed to be less culpable than adult offenders.
THE MENTALLY RETARDED
Mentally retarded individuals are considered legally less culpable as a result of their impairment because they have diminished capacity to understand and process information, communicate, abstract from mistakes and learn from experience, engage in logical reasoning, control impulses, understand others’ reactions. These individuals also have a general lack of premeditation and strong tendency to act impulsively.
Juveniles suffer from similar conditions. The truth of the matter is that juveniles under the age of 18 (and new study results indicate this age may actually be up to 24 years old) have “a lack of maturity and an underdeveloped sense of responsibility” which often results in “impetuous and ill-considered actions and decisions.”
Everywhere you look, adolescents are overrepresented statistically in every category of reckless behavior. Besides, states themselves recognize a juvenile’s lack of maturity by maintaining laws that prohibit those under 18 from voting, serving on juries, or marrying without parental consent. But we can kill them.
Juveniles also have a heightened sense of vulnerability and susceptibility to “negative influences and outside pressure, including peer pressure.” As one psychological study on adolescence and the juvenile succinctly stated, “Legal minors (juveniles) lack the freedom that adults have to extricate themselves from a criminogenic setting.”
Additionally, the character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory and less fixed.
CONCLUSION
These combined aforestated effects support the conclusion that individuals under 18 should be forgiven more than adults for “failing to escape negative influences in their whole environment.”
Also, because juveniles struggle with defining their identity “it is less supportable to conclude that even a heinous crime committed by a juvenile is evidence of an irretrievably depraved character” and that there is a greater possibility that a juvenile’s character deficiencies will be reformed versus an adult’s character deficiencies.”
For the foregoing reasons, we must do everything we can to make sure that Brandon McInerney has an opportunity to learn from his horrific actions. We must also make every effort to see that this horrible law caused by the passing of Proposition 21 becomes history. Get rid of it. Prosecutors are politicians and this is one more tool to be used for political purposes, and tool that should no longer be available to the politicians.
For more on Brandon McInerney please read related articles:
- Brandon McInerney is Worth Saving
- Brandon McInerney’s Legal Court Brief for July 24, 2008
- Let’s Not Destroy Brandon McInerney
- Another child is dead: So, how should we respond?
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[...] more on Brandon McInerney please read related articles: – In Brandon McInerney’s Defense, a Defense Fund; – Brandon McInerney is Worth Saving; – Brandon McInerney’s Legal Court Brief for July 24, 2008; [...]
[...] more on Brandon McInerney please read related articles: – In Brandon McInerney’s Defense, a Defense Fund; – Brandon McInerney is Worth Saving; – Let’s Not Destroy Brandon McInerney; – Another child is [...]
As I stated previously, this case presents a close call, to my mind. But when the law draws an age line, one minute of being 14 is of the same legal consequence as of being 17 and eleven months. The constitutionality issue is before the court, and defendant’s position is well-briefed. I trust in our judicial system to reach the correct conclusion, and that if defendant does not receive a favorable ruling form the district court, an appeal will follow.
I agree that a fourteen year old lacks the same maturity, impulse control, and mental ability as an average adult. I agree that different states have made different policy decisions regarding when a person can legally participate in certain adult activities; In my rural state, you can drive at 13 if granted special permission, at 15 with a drivers’ safety course, or at 16, you may work at 15, you may have sex at 16, you may vote and join the military at 18, and drink at 21.
But, poor impulse control or not, it iremains my opinion that a child of 14 can appreciate to the same extent an adult can, the wrongness and consequences of planning and carrying out the murder of another person. The process of learning the concepts of right and wrong begins in the preschool years and more advanced conepts, including understanding the law of crime and punishment, developing empathy for others, thinking hypothetically and seeing other points of view are learned in early adolescence.
This young man did not commit a crime in the heat of an emotional overreaction to an immediate circumstance. He deliberately planned a murder, told another person of his intentions a day in advance, obtained a weapon, and carried out an execution style killing. It was a violent hate crime. I support the prosecutor’s decision. If the court ultimately determines that trying Brandon as an adult was not the correct decision, I will accept that as well.
If I were to donate money in relation to this case, my first priority would be to the femily and caretakers of the victim. My second priority would be to charitable organizations that seek to end the homophobic bigotry that led to this crime, cute pictures of the murderer innertubing or at a family picnic notwithstanding.
Am I wrong in expecting that we will see another book and screenplay from Mr. Mehas on this sad case?
I donated $100 to Brandon’s defense fund.
I will always stand up for victims up bullying and sexual harassment.
All right, this isn’t my blog, and I don’t want to hijack it, so just one more comment.
Correct me if I’m wrong, but my understanding is that Mr. Mehas’ concern is not with Brandon avoiding punishment entirely, but that it is inequitable nad unconstitutional that he be tried as an adult. Although I disagree with it, this is a certainly reasonable concern, and one which may prevail in court.
On the other hand Mikey-Mike, your statement suggests a completely different motivation. Make no mistake, you’re not standing up for a victim of bullying and sexual harassment, you’re standing up for a murderer. Your message is that if one of “those” kids has the temerity to ask a straight kid to be his Valentine, then the straight kid ought to be able to kill him without consequences. IS that really how you think?
There is no legal or moral excuse for Brandon’s act of murder. There may be mitigating factors, but such exist, they should be taken into account at sentencing.
All right, I’m done, sb. I know that you are working with sincere convictions, and I wish you the best.
You guys really are having one intelligent discussion on the matter, and I very much appreciate everyone’s participation. This is what it’s about, discussing with passion and compassion complex human issues that we face in life.
Truthfully, for me, this is about collective consciousness. I believe we are all connected to all things, living or otherwise. And for us to want to hurt someone else is to hurt a part of who we are.
Do we help ourselves and the collective consciousness of humanity by killing Jesse James Hollywood and Ryan Hoyt eight years after the fact? Do we raise a love vibration by sending Brandon McInerney to adult court which will assuredly leave him dead before his release at his 65th birthday?
Or do we work on the compassion of our consciousness. Change who we are, expand our consciousness, which is what we’re here to do, by forgiving, loving, helping, and bringing joy to all that we can, at all times. We must stop judging. Nature always takes its course against those who deviate from loving, compassionate behavior. It is a universal law.
By changing our personal thought and consciousness patterns, in the now, and at all times, we will change our own vibration, raise it, and become a more evolved Being. This will aid the overall consciousness transformation of our collective consciousness, which through ego and emotional damage, has led to pain and destruction the world over.
I really believe this is critical to our planet. So I’m trying to raise awareness, trying to become what I want to witness in the world around me.
And, yes, you never know, there just might be a book and movie that comes out of this. We shall see…
Michael Mehas
This case, as Allen says, is a very tough call one way or the other. Personally I am content to leave it up to the prosecutor in the case (politics notwithstanding) to make the decision for the state as to whether or not Brandon should be tried as an adult.
Allen makes an excellent point when he states that Brandon premeditated the murder and this is a major factor in the case. While Prop 21 is a net cast far too wide to catch a bad fish, Brandon’s actions should not be taken lightly.
Another factor that I would like to see discussed (and has yet to be in the media) is how remorseful Brandon is for his actions. It is clear from the Newsweek article this past week that some of his friends cannot grasp the gravity of the situation (remarking “That’s so gay” when Larry’s best friend read a poem about him which brought his mother to tears), so I would wonder how based in reality Brandon’s mindset is. On top of this, I would wonder how he felt after the shooting but before being charged, because almost anyone is remorseful when they are facing that much hard time.
I would also like to see Brandon’s father bear some legal responsibility for this. It was, after all, his gun. Another spotlight should be cast on social services, which allowed Brandon to live with a clearly dangerously dysfunctional family in what is purported to be a drug house. While Brandon bears most of the responsibility for his heinous act, others in the picture are partially culpable as well.
“This young man did not commit a crime in the heat of an emotional overreaction to an immediate circumstance. He deliberately planned a murder, told another person of his intentions a day in advance, obtained a weapon, and carried out an execution style killing. It was a violent hate crime. I support the prosecutor’s decision. If the court ultimately determines that trying Brandon as an adult was not the correct decision, I will accept that as well.”
Allen, your clear words pretty much sums it up. I also agree that I would donate to the victims family or to anti-hate groups before I would give a penny to lad McInerney’s defense. My feelings would remain the same if it were my own child facing severe consequences for his own actions.
I am going to send a donation to help Brandon McInerney and I am praying the courts will have mercy upon him. I cannot help, but to care for this young man. I am certain Brandon is wondering why he had to ever cross Larry’s path. The truth is Larry and Brandon both were troubled boys and Brandon was trying to get through, but Larry was searching for meaning, acceptance and sympathy. The teachers knew Larry was out of order and they allowed his behavior, so Larry disturbed the other students and they had no rights. Brandon had a right to attend school in peace and he was not. Larry tantalized the boys and he made Brandon uncomfortable, but no one stopped Larry. So, Larry is gone and to cover for the mistake the educators made, Brandon has to spend his life in prison. I am thinking the educators and parents should go to prison for Brandon McInerney. We have to listen to the children, and all students have rights, not just the gay child.
Brqndon is another example of a good kid gone bad because he just did what was acceptible at home in another disfunctional
family atmosphere. Spare the kid, take down dear ole dad instead, or maybe the principal at the school that did nothing to stop the problem early. Maybe he should loose his plush job instead.
The murder of any 14 year old is unjustifiable. But similar tragic events have happened since time immemorial. Schools share some blame for lack of educational programs directed at the issue. But programs advocated by the GBLT deny natural realities and exacerbate the situation.
Assaults of lesbians by female straights resulting from sexual advances are rare. Female straights view advances by lesbians as either amusing or flattering and conflict in this area is minimal. Gay-‘straight male’ contact is something quite different.
Throughout the animal kingdom aggression and competition defines male sexual behavior. It is a deadly serious area of natural behavior. The sexual identity of heterosexual males is ultimately the most important aspect of their existence. Threatening or compromising this identity is the single cause of violence against lesbians and gays by male heterosexuals.
.
Nature dictates gays will remain a minority and educational programs should be structured thusly. The programs should not target heterosexuals but gay survival in a straight world. If Brandon would have hit Larry a good non fatal lick up beside the head with a club this case would have immeasurable educational value. It would serve exemplary to gay males the seriousness of approaching potential lovers. Teen lesbians would benefit in learning the consequences of intruding on straight relationships without the physical trauma of experience; having their teeth shoved down their throats or their female arms being broken like twigs by enraging the awesome physical power of the human heterosexual male who, by natural design, will always dominate the species
Denise Stafford’s comment sounds absolutely bonkers.
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Brandon is a cold blooded killer who took the life of another child. Why should Brandon be spared? If it was legal and you were raising money to kill Brandon I would gladly donate money.
Dont DONATE TO THIS PATHETIC LOSERS DEFENSE FUND! HES A MURDERER AND DESERVES TO ROT IN HELL! WHY SHOW HIM SYMPATHY? DID HE SHOW HIS VICTIM ANY SYMPATHY WHEN HE SHOT HIM TWICE!! IN THE BACK OF THE HEAD! HE DIDNT EVEN HAVE A CHANCE TO FACE HIS KILLE. BURN IN HELL Brandon McInerney!
Indeed a sad case for both individuals – but if a person is capable of murder at 14, he is capable at any age. Keep this person off the streets – it could be your child shot in the back of the head next.
How can I donate money to help. I am also build websites…
What about the rights of a 14 year old boy,to be able to go to school in peace and not be taunted by a depraved animal?.What kind of administration allowed this heinous attack on the boy?Why aren’t the school officials being tried as well for allowing sexual harrasment to go to this point.?What kind of students would laugh at this kind of behavior?.What kind of country do we live in?
No wonder I homeschooled all 4 of my children.This country is reaping the seeds of its disgusting behavior.
What little boy who didn’t know better took his daddy’s gun to school? What little boy who knew better walked up behind some one he hated? What little boy who knew better pulled the trigger ending the life of a human being? What little boy knew just what he was doing but did not care to tell his family or the school or seek help in ending his torment? What little boy deserves to hang because he knew better? Brandon does.