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Hearing set over trying teen as an adult
Attorney for student charged in fatal shooting wants case in juvenile court
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McInerney
Joseph A. Garcia / Star staff file photo William Quest, attorney for school shooting suspect Brandon McInerney, argues that a life sentence without possibility of parole is cruel and unusual punishment.
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More from CourtsAttorneys will be back in court Thursday to argue whether trying 14-year-old murder suspect Brandon McInerney in the adult criminal justice system is cruel and unusual punishment and a violation of his constitutional rights.
The Oxnard teen is accused of killing classmate Larry King, 15, also of Oxnard.
McInerney is charged with first-degree murder and a hate crime in connection with the Feb. 12 shooting. King, who sometimes wore makeup, told friends he was gay. He was shot at E.O. Green School in Oxnard as students were working on English assignments.
McInerney's attorney, William "Willy" Quest, filed a legal motion in June asking a Ventura County Superior Court judge to dismiss the prosecution of his client in the adult criminal justice system so the case can go back to juvenile court.
In his petition, Quest argued that the state law allowing a 14-year-old defendant to be sentenced to life in prison without the possibility of parole is cruel and unusual punishment.
On July 7, Senior Deputy District Attorney Maeve Fox submitted her reply to Quest's legal arguments. She stated that Quest is raising "the same old arguments" already addressed by the California Supreme Court.
On Monday, Quest filed his reply to Fox's response in a new legal petition. He elaborated on his reply in an interview Tuesday, contending that the district attorney failed to address specific factors in the case to justify prosecuting the teen as an adult.
"We hope that the court will take a hard look at this case," Quest said in the interview. "The DA is afraid to look at the merits of this case."
Quest said the district attorney wants complete power on how and where the case is handled.
State law allows the district attorney to decide whether to try a juvenile as an adult. Fox said in the past that the District Attorney's Office had not made a final decision on that issue but was moving forward with that expectation. She did not return phone calls seeking comment on the matter.
In her petition, however, she stated that Quest "repeatedly and wrongfully characterizes" the minimum mandatory sentence as being life without the possibility of parole when it is not.
Fox noted that McInerney's mandatory sentence — if he is convicted of murder and a hate crime — ranges from 41 years to as much as 51 years to life.
Therefore, she argued, there is no legal basis for Quest's legal arguments anchored on constitutional grounds.
Fox also stated in her petition that it is troubling that Quest failed to cite a key 2006 court case, People vs. Demirdjian, which, she said, negated the constitutional issue raised by Quest.
Quest said McInerney will be about 65 before he is eligible for parole if he's convicted.
"That is a life sentence," Quest said.
He said the district attorney is "afraid" to let a court hold a hearing to air out the circumstances surrounding the homicide and whether it would serve the interest of justice to allow a 14-year-old boy to spend so many years behind bars before he is considered for parole.
Quest said McInerney's case has received much publicity, and it has become "difficult" for the district attorney to defend its position.
"I don't think the public supports the district attorney's position," he said.
In 2000, California voters approved Proposition 21, which widened prosecutors' authority to file charges in adult court against juveniles 14 and older without having to go to a judge.
Fox cited court cases, saying California voters passed Proposition 21 that permits minors who are 14 and older, "having committed the most adult crimes," to be tried as adults and, if convicted, receive adult sentences.
"In this case, defendant is charged with deliberate and premeditated murder and the use of a firearm — short of capital murder, the most serious crime possible," Fox stated.
She accused Quest of including "unauthenticated hearsay documents" in his legal petition as a ploy to sway the court through "sympathy and public opinion."
Fox wants the judge to disregard those documents which, Quest said, are relevant to the issue.
Meanwhile, a separate civil courtroom fight to get access to King's records continues.
Quest says he needs King's records so he can prepare a defense for his teenage client. Ventura County Superior Court Judge James Cloninger set a hearing on the matter for Aug. 11. Attorney Steve Pell, who is representing the estate of King and the boy's parents, filed a motion to quash subpoenas filed by Quest seeking the victim's records.
The records being sought are from Casa Pacifica, a residential facility near Camarillo for abused, neglected and emotionally troubled children, where King had lived.
His school records also have been subpoenaed, as well as his juvenile court records from when he was a ward of the state.
Posted by CommandoAngel on July 23, 2008 at 6:16 a.m. (Suggest removal)
"Quest said McInerney's case has received much publicity, and it has become 'difficult' for the district attorney to defend its position."
Willie, no one is screaming louder trying to misinform the public than you. Ignoring the law and screaming louder. Nice strategy. I think your client deserves better.
Posted by OxnardNative on July 23, 2008 at 9:07 a.m. (Suggest removal)
No matter what happens on earth, Brandon will eventually face the "ultimate judge" and I would not want to be in his shoes when he does. Brandon may be forgiven, but what he did will NEVER BE FORGOTTEN. He took the life of an innocent child. RIP Larry. God bless those who grieve over the loss of Larry. I feel hurt and I never knew Larry unfortunately. I am certain his soul departed from earth, to rest in a much better place.
Posted by granmama on July 23, 2008 at 9:40 a.m. (Suggest removal)
More and more data is being presented substantiating the fact the children's brains are not fully developed until approximately age 23. They don't think or behave like adults. How is it that in all aspects of a 14 year old's life they are considered a child except in the court of law? They can't vote, buy cigarettes, buy alcohol, go on field trips without parental permission, etc. In Roper v. Simmons they did away with the death penalty for juveniles under age 18 and the mentally ill - it should be further expanded to do away with Life without Parole for those under age 18 and adult sentencing for those under age 18. I am opposed to trying and sentencing first-offending youth as adults and sentencing them to lengthy sentences in adult prison. This does nothing at all but subject the child to horrific abuses inflicted by hardened criminals and by some who are supposed to be protecting them. I urge everyone to support trying this boy in juvenile court rather than adult court.
What Brandon did was terrible and he should be punished; but, in juvenile court not adult court. More and more studies are showing the recidivism rates are much higher for youth sentenced as adults vs. youth sentenced as juveniles. In the juvenile system they have a chance at rehabilitation, counseling, and education; in adult prison if they survive, they will be educated by the hardened, experienced criminal. Please go listen to "If I Get Out Alive, http://lcmedia.com/getout.htm and please sign Christopher's Bill, Juvenile Justice Reform, http://www.thepetitionsite.com/takeac... www.juvenilejusticefoundation.com, www.christopherpittman.info
Posted by Robert_Worthley on July 23, 2008 at 10:34 a.m. (Suggest removal)
I would be interested to know what questions you'd like to see answered that might influence your opinion as to what punishment Brandon McInerney should face if found guilty.
Posted by BHAK on July 23, 2008 at 11:02 a.m. (Suggest removal)
Granmama,
Why don't we just slap Brandon's lil patty's and tell him bad boy & send him the time out corner.
Brandon premeditated this murder of his classmate.. he thought it out very carefully to even telling another student to "Say good bye to Larry it will be the last time you will see him."
Kids nowadays are getting away with to much. Its always blame someone or something else for the trouble they get into & never take responsibility for their own actions. So Brandon is 14 yrs old.. he knew right from wrong, he knew what a gun would do, after all wasn't he suppose to be a Jr. Marine and also knew martial arts?
I can't see Brandon being tried as a juvenile and being sentenced to 11 yrs for the cold blooded murder of another child and be let out in possibly 7 yrs. Larry's life was worth way more than that!
I wonder if it was your child or grandchild that was murdered if you would feel the same.
Posted by Meam0585 on July 23, 2008 at 11:55 a.m. (Suggest removal)
This is just not right. He is a KID! I mean okay, yes he killed another kid-but do you really think sentencing him to a adult facility wont mess this kid up more? He has not learned life-I mean Im 23 and still have so much to learn! He should be sentenced as a juvi-because he is one! let him finish school and remember he is a kid before you send him to a hell hole like the prison system.
Posted by thegreatpumpkin on July 23, 2008 at 1:12 p.m. (Suggest removal)
McInerney is going to be locked up for years no matter what. He's going to be raised by the "prison culture." After he gets his sentencing, he'll start getting his jailhouse tatoos and join a prison gang. When he comes out, we'll have another perfectly formed scumbag parolee to rob spudnuts and shoot minimart employees.
Personally, I'd rather he never get out. He's a killer. He made the choice to take a life, not in self defense, but in cold blood. He deserves to spend the rest of his life in prison, until his arthritis keeps him from pulling a trigger ever again.
Posted by grammadee on July 23, 2008 at 1:13 p.m. (Suggest removal)
Just out of curiousity, did anybody read the cover story in this weeks Newsweek Magazine entitled "Murder in the Eighth Grade"? You can find it on line at www.newsweek.com. It's pretty interesting...
Posted by VOR on July 23, 2008 at 1:21 p.m. (Suggest removal)
Meam0585,
"I mean okay, yes he killed another kid-but do you really think sentencing him to a adult facility wont mess this kid up more?"
That is not the case and a common misconception. Brandon will not be put in an adult prison with adult prisoners. He will be sent to the CYA or other juvenile facility until he is an adult and then server out the rest of his sentence.
Being tried as an adult means that he will be tried before a real judge as any other adult would with the same rules of evidence. It also means that if he is convicted he will have to serve a longer sentence.(The first part being in a juvenile facility). If he was tried as a juvenile he would only serve until he was at most 25 years old and then he would be released. Chances are he would be released earlier then that serving maybe 7 years or so. Sorry but that just isn't right for the taking of a human life. They give more time to people that run dog fights. If he is tried as an adult the sentence will be longer with a minimum of somewhere around 40 years. So do not think that they will toss a 14 year old in prison with other adult prisoners, that isn't the case.
Posted by Comments on July 23, 2008 at 1:37 p.m. (Suggest removal)
I'm really torn on this one and truly have no idea what is "right." I'm glad that others are having to decide. I do think that what Brandon did was despicable and inexcusable. It's also becoming pretty clear that Brandon was being bullied by Larry and that the bullying was escalating. Even Larry's own father agrees that Bradon was being sexually harrassed. Is that an excuse for murder - premeditated or otherwise? Absolutely not. While Brandon is responsible for his actions I do feel that there were adults in both children's lives who let them down greatly. Had there been better intervention and support there may have been a different outcome. From the sounds of it neither kid had great home lives and parental support. And, school officials certainly weren't helping matters either. This is just a tragedy any way you look at it. Again, I'm not sure what the answer is here. I do feel that the murder was premeditated and I'm pretty sure Brandon knew it was "for real." That said locking a kid away for life seems like such a travesty. Then again, releasing him by the time he's 25 seems like a mere slap on the wrist for such a henious crime. Lots of luck to all the legal folk who need to work this all out.
And granmmadee I did see the Newsweek article. The Star summarized it yesterday in this paper, though they didn't do such a great job. Here's the link to the Star's report of the Newsweek article.
http://www.venturacountystar.com/news...
Posted by mac_tire_224 on July 23, 2008 at 2:19 p.m. (Suggest removal)
Maybe the problem is that when a juvenile is prosecuted, the sentencing doesn't exceed age 25. Change that so that a juvenile is tried in the juvenile system but the sentencing is befitting the crime that was committed. Does that make sense? I don't know. I think much of the outrage is the word "adult" not so much the punishment. IMHO
Posted by granmama on July 23, 2008 at 2:24 p.m. (Suggest removal)
It is not an easy answer. Juveniles don't think of consequences, they react. I can remember some very foolish things I did as a teen, so as I have read some of the research on brain development, I can't justify in my mind trying a first-offending juvenile as an adult. The home life, school life, a learning disability, and mental disability have a major impact on a juvenile's life. Easy access to guns has been tragic. Bullying is a terrible thing and time and time again has resulted in a juvenile committing suicide or committing a murder. Tougher and stronger zero-tolerance for bullying in schools must be enforced. Please go to Bully Police http://www.ca.bullypolice.net/ and http://articles.latimes.com/2008/mar/...
Posted by dmickey on July 23, 2008 at 2:53 p.m. (Suggest removal)
This boy took on a mans role when he shot and killed Larry. Larry was killed because he was Gay we need to remember that. We have to stop the hate, I do not beleive it was all the boys fault I do think the adults in BOTH of their lives needed to stand up and do something. NO matter what when a person takes anothers life in this manner they need to spend the rest of their life behind bars. Sounds hard when your talking of a 15 yr old but Larry is gone by Brandons hands.
Posted by VOR on July 23, 2008 at 5:30 p.m. (Suggest removal)
I am curious as to why the Star and other newspapers are using a picture of Brandon that looks to be younger then the one they used in the print edition of the Newsweek article (magazine, not on line). The picture of Brandon in the current school book shows him with lighter hair which would mean the picture that everyone is looking at online and in this article was taken when he was younger. Is this a mistake or is someone trying to garner some sympathy by making him look younger. The picture in Newsweek shows that Brandon has facial hair and is much more mature. Just a curiosity, hopefully it was not meant as a deception.
Posted by VOR on July 23, 2008 at 6:12 p.m. (Suggest removal)
I meant to say that it looks like he is sporting a slight moustache in the Newsweek picture.
Posted by granmama on July 25, 2008 at 9:04 a.m. (Suggest removal)
Here's a very informative report regarding reforming the juvenile justice system, "Blueprint for Juvenile Justice Reform",
http://www.ytfg.org/documents/Platfor...
Posted by melovetail on July 30, 2008 at 2:43 a.m. (Suggest removal)
Here is something to think about!Who is Larry King? I don't know and I can never find out. I will never get to meet him and share stores.I really wished I could have atleast had that chance...Larry was murdered and now has no voice but lays six feet deep into the ground and in time will be all but a memory and why? Because he was murdered! Larry will never get the chance to see the sunset or take a walk on the beach-he was murdered and stripped of all life and some of you can only think of the killer-how dare you forget that he shot and murdered Larry over words...
There is only one victim and he lays 6 feet deep...Brandon did an adult crime and should be punished as an adult... May he dies in prison or be executed even better...all I know is what about Larry king?
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