Compassion in Juvenile Sentencing

Entries tagged as Pendulum Foundation

National Organization of Victims of Juvenile Lifers

April 4, 2008 · 2 Comments

Several weeks ago, I spoke with Jennifer Bishop-Jenkins of Illinois.victims.org after she commented on a post I’d done that she felt had portrayed murder victims’ families as vengeful.

That hadn’t been my intent, but after speaking with Jennifer, I realized that my reference to victims’ families in the post had been insensitive.

My stated purpose for the creation of this blog is to create a dialogue, but doing so has proven easier said than done.

I realized that with very few exceptions, there was no conduit for meaningful dialogue between the advocates for eliminating the sentence of Juvenile Life without the Possibility of Parole and the living victims of those inmates serving LWOP for crimes committed as juveniles. (more…)

Categories: IllinoisVictims.org · Jennifer Bishop-Jenkins · Juvenile LWOP · Juvenile Sentencing · Mary Ellen Johnson · Pendulum Foundation · Victim's Rights · When Kids Get Life
Tagged: ,

From Inside Supermax: Part 3 of 8

February 26, 2008 · No Comments

This post is the third in an eight part series of questions asked to and answered by Jacob Ind, who is currently serving LWOP in Colorado. Jacob was incarcerated at 15 and is now 30 years old.

Read Part 1 here. Read Part 2 here.

You’ve described a prisoner indoctrination process for new inmates that seems like a catch-22 situation where the “Fish” will be tested and is forced to fight (which will get him in trouble) or be victimized by the various groups inside. You’ve been in the prison system for nearly 15 years now and it sounds like you are able to sidestep associating with gangs and elements that are sure to get you into trouble. How long must a person be inside, or what has to happen for a prisoner to finally get to the point where he can be left alone to do his own thing?

 

Prison is a sick world. It is truly a case of the inmates running the asylum. In Colorado, the guards have quite a bit of control. Inmate rule is not absolute, but this is only compared with other prison systems. Not matter what, the guards only have the power that the inmates cede to them and individual inmates live or die at the whim of their peers. For instance, if all the inmates went on a work strike, and guards had to cook the food, clean the units, do the laundry, and do all the maintenance; the prison system would grind to a halt and would become bankrupt quickly. The system knows this so there is a constant back and forth when it comes to privileges and freedoms. Because of that, inmates have a great deal of control over who lives in their unit. If a snitch or a child molester moves in and the other inmates don’t like it, he will be forced to move. He’ll either make the cops move him (guards have been known to refuse to move someone who goes to them seeking protection, unless he makes his situation worse by snitching, and send them back in harm’s way), or he will leave on a stretcher. Since there is no protective custody in Colorado, people who are in that boat get bounced around from unit to unit; facility to facility, getting terrorized wherever they go. It is a miserable existence for them.

 

This reality makes it important to not violate the social rules of prison. There are levels of inmates and, just like in school, the higher levels pick on the lower levels. Rats, sex offenders, and “Check-Ins” (those who run to the cops for a protective move) are on the bottom rung. They are forced to pay “rent” (protection money), are robbed, beaten by new guys trying to impress people, can get raped with impunity, and are treated badly.

 

The run above them are “Nacks”. Basically, they are viewed as potential rats or Check-Ins. In this class are those who won’t fight or who allow others to “disrespect” them without retaliating with violence. People who refuse to break minor rules, like pass magazines in Ad-Seg, are also put on “Nack Status”. Nacks are wholly without protection for the most part. Some people are labeled Nacks because they don’t fit in but if they stand their ground, somebody will usually help them out. But those who refuse to fight or who flaunt the prison “ethic” are free to prey upon. Predators will try to intimidate them into turning into homosexuals, charge them rent, or scam them for their money. Refusal to pay up will result in an attempt to Check-In the nack, which is typically successful. Nacks also have no protection against slander. If someone thinks somebody has snitched on them, the Nack is the first suspect and likely to be attacked without proof. Basically, a Nack is a sheep among wolves.

 

The top rung of the prison social ladder is the Convict. He is the prisoner who doesn’t snitch, would rather go out on a stretcher than Check In, isn’t afraid to fight, and lives within the “Convict Code”. Within the Convict class are those who mind their business, gang members, predators and everything in between. Being a Convict comes with its privileges and responsibilities. A Convict is usually free from predatorial attack. Aside from the fact that a Convict is proven to stand his ground and predators are cowards, looking for easy prey, even if the Convict is the worst fighter on earth, others will keep him from getting jumped, robbed, or raped (or retaliate severely if it does happen) – as long as he continues to stand his ground. It also requires “proof” before a Convict is accused of being a snitch (such as court files). Rules like that are enforced with brutality. However, Convicts are also expected to participate in any demonstrations against the system, race riots, or keeping their fellow Convict of the same race from being jumped.

 

All new guys to the system are eventually tested to see what rung on the social ladder they belong on. Usually, even “fish” (new guys) who seem to be Nacks will be taken under wing and schooled, given a fair chance to prove themselves as Convicts. It is a crucial time because it is very unforgiving. Checking-In or snitching is never forgiven and will follow the guy for life (as will homosexuality). A guy may back down from a fight once or twice during this time if (and only if) he makes up for it by fighting whoever he backed down from – and even that is not guaranteed.

 

For young kids entering the system, they have to make critical decisions, life changing decisions, very quickly and which they are completely unqualified to make. Kids are notorious for making bad decisions and not looking at the long run. What they see is a class of people treated like crap (Nacks and the snitch class) and the “cool” guys coaxing him in. The fear of not being a victim becomes far more important than deciding what kind of Convict is the best to become for his future. The “coolest” guys are the violent gang members and they suck in the many kids who are just trying to fit in. Sometimes the more mellow Convicts get ahold of kids and steer them on the right path. But no matter what, the kid will be challenged and have to fight.

 

After a new guy in the system fights once or twice, he will be left alone as long as he carries himself correctly. If he projects weakness, he will invite attacks from bullies, but if he projects too much of a tough guy attitude he will be challenged by people trying to make a name for themselves or expected to participate in terrorizing the lower rungs of inmate society. Either extreme will cause far more problems than necessary. But even those who maintain a happy medium of confidence, but not aggressiveness will have to prove themselves every so often. In my experience, the lowest amount of problems one can expect and remain above prey status is one fight a year. There’s always going to be an asshole along the way which does something which requires a fight by Convict standards, especially when somebody is new to a facility. That’s just the nature of the wolf pack and make no mistake about it, those who run Convict society are vicious animals.

 

For most kids entering adult prison, it takes a while to find their niche (just like it does in the free world). We tend to have flirted with trying to be the cool guys and trying to be left alone but it takes years of experience and hard knocks to find ourselves and our place. Some never do and some, unfortunately find their place is at the top of the ladder. We weren’t equipped with skills to navigate this tumultuous sea and there aren’t any people there to prepare us for what to expect. We are thrown into the deep end to sink or swim with the sharks.

 

Categories: Harsh Sentences · Jacob Ind · Juvenile LWOP · Juvenile Sentencing · Supermax · When Kids Get Life
Tagged: , , , , ,

Upcoming Event in Boulder

February 7, 2008 · No Comments

When Kids Get Life

February 13th 2008

6:00 pm

Eaton Humanities 135

CU – Boulder

The Pendulum Foundation will be showing the PBS FRONTLINE documentary “When Kids Get Life.” The U.S. is one of the very few countries in the world that allows children under 18 to be prosecuted as adults and sentenced to life without parole. Currently there are more than 2000 of these young offenders imprisoned for the rest of their natural lives. In the rest of the world, there are only 12 juveniles serving the same sentence, according to figures reported to the United Nations’ Convention on the Rights of the Child. This documentary is the story of five of them in the state of Colorado.

Established as a non-profit in 2001, the Pendulum Foundation is dedicated to educating the public about the issue of children in adult prisons, and in transforming the lives of all those youthful offenders who are currently behind bars. Mary Ellen Johnson, the Executive Director of the Pendulum Foundation, will be answering questions after the screening of the documentary.

The event is free and open to the public.

The event is sponsored by the University of Colorado Law School, the Department of Philosophy of the University of Colorado - Boulder, the Center for Bioethics And Humanities at University of Colorado - Denver, the Center for Values and Social Policy, and the Pendulum Foundation.

~

For directions:

http://www.colorado.edu/campusmap/map.html?bldg=HUMN

For the official website of the PBS FRONTLINE documentary:

http://www.pbs.org/wgbh/pages/frontline/whenkidsgetlife/

For the Pendulum Foundation’s website:

www.pendulumfoundation.com

 

 

Categories: Mary Ellen Johnson · Pendulum Foundation · When Kids Get Life
Tagged: , ,

How Are the Tim Masters and Erik Jensen Cases Related?

January 29, 2008 · No Comments

 

This post has been written by my guest blogger, Mary Ellen Johnson, Executive Director of the Pendulum Foundation.

For the first time in Colorado history, the state has admitted that it wrongly incarcerated an innocent man. Tim Masters served nearly a decade behind bars for a murder he did not commit. On Sunday, January 20, 2008, while the front page of The Denver Post trumpeted Tim Masters forthcoming freedom, an inside opinion piece related the plight of Erik Jensen, a Colorado teen who is serving life without parole for helping his friend flee his abusive mother.

According to the article, “(Prosecutors) maintained that (Erik) conspired with Nathan to kill (Nathan’s mother) and then helped him carry out the crime. They charged him with murder based on a complicity theory.

As their proof, prosecutors offered the testimony of a third teen involved in the crime, Brett Baker. Under intense pressure from prosecutors, Brett testified in exchange for having several charges against him dropped. Even though Brett failed a lie detector test - which prosecutors required as part of the deal - they still put him on the stand. But jurors never heard about that.

… Based in large part on Brett’s testimony, jurors convicted Erik and sentenced him to die in prison.” (Colorado jurors can’t know the actual sentence. Much to the dismay of many jurors who find out after the fact that real life is nothing like television where the bad guys walk on a technicality or after serving a couple of years in a country club, jurors have no idea that conviction means mandatory life.)

How are the Tim Masters and Erik Jensen cases connected?

While Tim Masters was 25 when he was arrested, he was first interrogated at 15. Masters’ interrogation, portions of which are shown on a Denver Post video, are shocking. (Note: To view video, use drop down menu to the right of the video window to select “Sketchy Evidence” clip.)

A female police officer leans toward Masters and says, “I know you did it. I’m telling you. You did it.”The male investigator joins in, “We know that you did it, Tim.”The teen withstood seven hours of similar bullying. (While Tim never “confessed,” studies show many innocent teens — and adults — DO).

Which brings me to Erik Jensen. There are degrees of culpability. On the continuum of innocence, Tim Masters is 100% pure. In Erik’s case he admits to cleaning up after Nathan’s deed. Where does that put Erik on the scale of innocence: maybe 80%? 75%? For this admittedly foolish and even criminal act, a 17-year-old should be sentenced to die in prison?

Remember: with the admission of Tim Masters’ innocence, we’ve witnessed up close and personal the nasty underbelly of Colorado’s justice system — an underbelly that our juveniles serving life have been complaining about for years. In Erik’s case, the teen who fingered him failed a lie detector test. He was offered a deal. He escaped prosecution for other offenses by “rolling over” on Erik.

How can this be? What evidence, other than the word of a kid who wanted to keep himself out of jail, actually pointed to Erik’s involvement in killing Julie Ybanez?

Prisoners call such informants “snitches.” And, those of you on the outside who have never been involved in the system and who can’t conceive of ever being caught up in our criminal courts, need to know that many of those serving time behind bars are there on the basis of jail house snitches, as well as VERY questionable “evidence”.

Worst of all, the practice of using snitches is perfectly legal. Actually, America’s justice system would collapse without them. As would interrogation tactics similar–or even harsher–than those used on Tim Masters. While reading the transcripts of one of our young LWOPs, I noticed where an officer promised the kid, who’d been riding in the backseat of a car from which much older occupants participated in a fatal drive-by, that a confession would guarantee the kid YOS (A juvenile facility). Many years later the now grown man points to that ersatz promise as the reason he should get a new trial. I try to explain that lies are perfectly legal — so long as law enforcement does the lying.

“How come it’s okay for the officer to lie?” he asks plaintively.

When asked about this double standard, law enforcement responds that sometimes ya gotta do what ya gotta do in order to catch the bad guys. Really? When a child faces life without parole, I would think police and prosecutors would do everything in their power to arrest and convict the correct suspect. Bullying kids shouldn’t be part of the script. As we all know, kids will say anything. And, by law, kids who are charged as adults can’t have their parents in an interrogation room to protect them. Adults get tripped up all the time on this business of Miranda rights or other legal “technicalities” that could earn them a one-way ticket to the big house. And we say it’s okay to use those some tactics on 14-15-16 and 17-year olds?

Colorado has at least 4 kids serving life who swear they are innocent, that no real physical evidence ties them to the scene of the crime. I can’t speak to the truth of those claims. I DO know that we have juveniles sentenced to die in prison, whose state-provided investigators never actually visited the scene of the crime or interviewed potential defense witnesses. We have juveniles who may have met with their attorneys once before trial — and this is for a first-degree murder charge. We have juveniles who had two, three and four day trials where no defense witnesses were even called. Many young men and women convicted as juveniles complain of the shockingly inadequate quality of their defense. Even with their lives on the line, the state of Colorado gave them the appearance of a fair trial without the actual reality.

Colorado has been forced to admit that it made a “mistake” with Tim Masters. “That proves the system works”, assert some who make their living in the justice system.

I disagree.

Had it not been for the dogged efforts of Masters’ appeals attorneys and of a hard-hitting investigative reporter, Miles Moffeit, Tim would be just another annoying prisoner proclaiming his innocence to people who neither believe nor care. Furthermore, I contend there are other “mistakes” serving hard time. Look at the Tim Masters’ interrogation and ask yourself, what other 15-year-olds have been similarly bullied?

Read Erik Jensen’s story and ask yourself whether a 17-year-old should spend the rest of his life behind bars on the basis of a few suspect words supplied by a frightened fellow teen?

What other children sentenced to life without parole were denied justice? How many other Tim Masters will die forgotten in a concrete cage the size of a parking space?

And what are we going to do about all the Erik Jensens, who are struggling to maintain their humanity, as well as their hope, while the weeks, months and years slip past?

I hope that America’s collective “we” will finally decide that it’s time to move past retribution and toward redemption.

Mary Ellen Johnson

Executive Director, Pendulum Foundation

(720)-314-1402

MaryEllen@pendulumfoundation.com

The Pendulum Foundation

5082 E. Hampden Ave, Suite 192

Denver, CO 80222

 

Categories: Erik Jensen · Harsh Sentences · Juvenile LWOP · Mary Ellen Johnson · Pendulum Foundation · Tim Masters · When Kids Get Life
Tagged: , , , , ,

Cheryl Armstrong’s Story

January 26, 2008 · 22 Comments

cheryl-with-jimmy-bama-dec-06.jpgCheryl Armstrong is serving a 96-year sentence for two counts of second degree murder. She did not kill anyone, but drove the getaway car and was accused of being the “mastermind” in a double homicide in 1995 when she was 16 years old.

I spoke with Cheryl’s mother, Carol Johann yesterday about Cheryl and about her case. Cheryl’s parents moved from the Denver area to Canon City in order to be near the prison so they can visit their daughter. Carol told me that Cheryl will be 63 years old before she is eligible for parole.

The following are Cheryl’s words, originally posted on the Pendulum Foundation website. At her mother’s request, I’ve updated the length of time of Cheryl’s incarceration and I’ve noted that she completed her associates degree in November. She is currently pursuing a bachelors degree.

My name is Cheryl Armstrong, and I am serving a 96-year sentence for two counts of second degree murder. I did not kill anyone, but drove the getaway car and was accused of being the “mastermind” in a double homicide in 1995 when I was 16 years old. I have now been incarcerated for almost 13 years. Today, I am an entirely different person from the girl who was involved in a horrible tragedy that destroyed so many people’s lives. I know for a fact that I learned from my mistakes - they changed my life and helped turn me into the person I’ve become today. Every day for the rest of my life, I will feel horrible about what I was involved in when I was 16. Not a day goes by that I don’t think about my victims and the pain I’ve caused their families - and my own. The words “I’m sorry” do no justice to how remorseful I am now, although I am so very sorry for the pain their families suffer.

Since I have been incarcerated, I have completely changed in numerous ways and am achieving things for myself. I completed my GED in 1995 and have continued my education by completing the Business School program offered at my facility. I have also been taking college classes for the last five years, and I received an Associate of Arts Degree in November of 2007.

Upon my release, I would like to be some sort of counselor for troubled teens. I really want to use my bad experience to try to help others from making the same mistakes that I made. It’s heartbreaking to see so many children that made one horrible mistake get thrown into prison for the rest of their lives, when a huge number of them could be rehabilitated and, more than likely, never re-offend after release from prison.

Looking back, I can’t even believe that it was me who participated in something so atrocious I didn’t even care about my own life then and never took anything seriously. I have always said that I deserve to be in prison for what I did. I do not, however, feel that I should be here for another 80+ years. I have grown up and would NEVER be a threat to society. I have no violence on my record in prison, and that’s because there’s not a violent bone in my body now. I think a 96-year sentence was harsh considering it was my first offense and I actually didn’t commit a violent act.
I have accepted responsibility for my mistakes and learned from them. I would do ANYTHING to get just ONE chance to prove that I’m a changed person and would love to become a productive member of society who could make a difference in our youth’s lives. I pray that I, along with so many others who came to prison as children, will one day get this chance.

ABOUT THE CRIME

In being asked to rehash the terribly tragic event that brought me to prison when I was 16 with a 96-year sentence, the first emotion that comes to mind is sorrow…sorrow for every person affected by our careless actions. I am ashamed of the person I was when I was 15-16 years old. I feel embarrassed and humiliated to talk about my crime, because I am a COMPLETELY different person today. Those emotions, though, are part of the reason why I feel it so important to talk about it now. What my co-defendants and I did was indisputably wrong, but I know from personal experience that what this system is doing to its children is also very wrong. Therefore, I want my story to be heard in hopes that it will help society to see that children don’t belong in prison for the rest of their lives.

As a child, I was very close to my family and had a great childhood. I was an honor roll student until 9th grade and wasvery outgoing in sports and other activities (tennis, swimming, ice skating, girl scouts, etc.). My dad was a violent man, and my mom left him for good when I was two years old. I grew up visiting him less and less as I got older. I never got into any trouble until I was 14 years old. I grew up in real small towns, but when I was 14 we moved to Littleton, Colorado, and I was exposed to city life for the first time. To this day, I can’t say what was so alluring about the negative things I got drawn into. I think, at first, I just wanted to make new friends in a new place, and I obviously picked the wrong people to associate with. I started doing drugs, and for the next two years it all went downhill from there.

All this anger appeared from God knows where. I became a very bitter child who had no respect for anyone or anything. I wasn’t real violent, but had a horrible energy within me that the simplest thing would trigger. I have only been in two fights in my life, but had a horrible mouth that would say anything without thinking. Since my childhood, one of the most important lessons I’ve learned is how much power the words we speak really have in our lives. So many of my words came back to haunt me at my trial and what is so sad about it is that I really did not mean any of them. I would say horrible things (not just where my crime was concerned, but in general) and not even feel the same way five minutes later. Like every other kid I knew, I made idle threats that never carried any real intention. We all spoke that way so frequently that it really did seem completely normal, although now I realize the way we talked was anything but that.

Here’s the truth. There are two victims in my case. One of them had been my boyfriend for about ten months before I got arrested. The second victim was his other girlfriend. I was accused of basically ordering my friends to kill them both on the night of April 17, 1995, as a result of a supposed “jealous rage” due to his leaving me.

Still to this day, it is inconceivable to me how the plot of the story got so absurdly twisted and blown out of proportion. I will never get over the fact that a huge part of my conviction is based on fabricated misconceptions that were created by a prosecutor who was politically motivated to get a conviction to further his own career. Denver was “cracking down” on gang and teen violence that year, and I was the example used to show that if you make one huge mistake, you’re going to rot in prison for the rest of your life. The prosecutor was running for DA soon after my trial and was hell-bent beyond reason on making me out to be the worst child ever born. His prosecutorial tactics were cut-throat…some of his prior convictions had even been thrown out due to prosecutorial misconduct. The case was HUGE in the media also, and I was convicted there before I ever went to trial.

Before the crime happened, I had told the victim that I was messing around with someone else besides him. He told me to pick between them, and I picked the other guy. I left HIM - the first of many, many details to get twisted at my trial so I could become what they needed me to be and fall for first-degree murder. Our conversation got ugly, and he threatened to kill me and my mom. Then, I threatened him. He also had his friends call my house and leave threatening messages. These were people in his gang (he was a Blood). I then told one of my friends about it, and he called him on the phone and told him, “You’re dead.” He was a Crip and for this reason alone he never got along with the victim, and vice versa. Every person we know talked like this frequently…no one ever ended up dead.

he next day I was driving around in my car and we were bored with nothing to do. I said, “Let’s go get him (the victim).” Everyone in the car agreed, so we started to drive to his house. The bottom line is this… I didn’t care what happened that night. It has taken me years to be honest enough to say that. It’s such a horrible thing to say, but it is true. There is a huge difference, though, between being angry and not thinking or caring about the results…and forcing someone to commit murder. I did not have any respect for myself, let along anyone else in the world. My mind had fallen into some dark place and was lost there from the time I was about 15 until at least a year after I was arrested.

Cheryl doesn’t make any excuses for her actions. She made bad decisions and two people are dead. But does her culpability warrant a sentence of 96 years? I’m not proud of the things I was doing when I was sixteen either. I was drinking underage and doing a lot of other things I shouldn’t have been doing too. When I think of the tragedies that could have happened, I shudder. I was lucky.

cheryl-3-yrs-old.jpgcheryl-with-college-staff-graduation-nov-13-07.jpg

If Cheryl’s parents were wealthy, they could probably afford the kind of legal representation necessary to pursue lengthy, expensive appeals, but they’re not.

If the purpose of the criminal justice system is to protect the public and punish and rehabilitate the offender, hasn’t justice been served?

Please share your thoughts on Cheryl’s case.

Categories: Cheryl Armstrong · Harsh Sentences
Tagged: , , ,

What Will it Take for Erik Jensen to Get a Second Chance?

January 22, 2008 · 7 Comments

The Denver Post published a piece by Jessica Peck Corry yesterday called A Teen’s Crime, A Lifetime to Pay, and I was fascinated by the comments. Erik Jensen is one of an estimated 60 percent of the juveniles sentenced to life without parole in Colorado since 1998 who are there because of a felony murder conviction. The felony murder rule makes any participant in a felony criminally responsible for deaths that occur during the commission of the underlying crime. Erik participated in covering up the commission of the murder of Nathan Ybanez’s mother, but did not participate in her murder. 

Felony murder, at the time of Erik’s crime meant an automatic sentenced of Life Without the Possibility of Parole, or LWOP. Although the state overturned the mandatory LWOP sentence in 2006, the change was not made retroactive to include the 48 people who were already serving the sentence.

I hope that this site and this post might attract those with an understanding of sentencing law, because I am unable to understand how a sentence that was determined to be inappropriate, could be held up for those already serving it.

Please comment if you have thoughts on this.

Categories: Erik Jensen · Juvenile LWOP · When Kids Get Life
Tagged: , , , , ,

When Kids Get Life

January 21, 2008 · No Comments

On November 21st I watched an episode of Frontline, called When Kids Get Life. I was completely unprepared to learn that in our country, there are over 2,200 juveniles who have been convicted of crimes and sentenced to life without the possibility of parole.

 

In the rest of the world, there are a total of twelve juvenile offenders serving life without the chance of parole. Let me say that again. In the rest of the world there are only twelve.

 

In my home state of Colorado, there are currently 46 offenders who were convicted as juveniles and who are serving LWOP. When Kids Get Life profiles five of them.

 

I feel compassion for the victims and for the families of the victims. I lived in the communities where two of the crimes occurred and well remember the stories unfolding. But I don’t believe that the emotional weight of and the desires of the victims can weigh as heavily on how we choose to mete out justice in our society as it does.

 

Some people should never leave prison because they will always pose a threat to the rest of us. Some of these juveniles should probably never leave prison either. But the concept that we, as a civilized society would decide that children are irredeemable, should have no chance at rehabilitation or redemption is appalling to me. The idea that a person who is too young to drive a car, join the military or buy a beer can be tried and sentenced to stay in prison until they die a natural death, kill themselves or someone kills them is inconceivable.

 

I contacted Mary Ellen Johnson, the National Director of The Pendulum Foundation to see what I could do. An incredible woman, Mary Ellen has been fighting for changes in our juvenile justice system for fifteen years. She’s appeared on Frontline and on television programs broadcast in other countries. She’s been interviewed many times and has dedicated herself to trying to help a small group of people the rest of us would rather not think about. She’s been harassed and threatened for what she does.

 

Mary Ellen became involved in the case of Jacob Ind back in 1992. Jacob Ind murdered his mother and stepfather in the mountain town of Woodland Park. I lived in Colorado Springs at the time and I remember the case well. During the trial, it was revealed that both Jacob and his older brother had been subjected to violent abuse and to sexual molestation for years. I remembered that case because Jacob Ind was fifteen and he was tried as an adult and sentenced to life without the possibility of parole. Over the years, I’d see his case in the news now and then. When I saw Frontline, I was nearly sick. Jacob Ind is now thirty years old and bears little resemblance to the skinny teenager we all saw on the televised trial.

jacob-ind.jpg nathan-and-erik.jpg

 

Nathan Ybanez and Erik Jensen, fifteen and sixteen at the time of their arrests were also profiled. Nathan murdered his mother and his friend Erik helped him to clean the crime scene. Nathan had been beaten by his stepfather and sexually molested by his mother for years. He’d run away repeatedly, but was always returned to his abusers. Erik’s parents called the county social services to report the abuse to Nathan and they were told that nothing could be done. Nathan and Erik are serving life without the possibility of parole.

 

I hesitate to shine a light on the stories of the abuse victims who killed their parents because in some ways, it feels like I’m trying to excuse their crimes or imply that the sentence of life without the possibility of parole should be used in some cases and not others. I don’t believe any juvenile should get this sentence.

 

No child should be sentenced to die in prison without any hope of redemption.

 

A fellow blogger coined the term obligation overload some months ago during a discussion about all of the social causes that need our attention: the environment, abused animals, children, disaster victims, incurable diseases, the homeless – the list goes on and on. I’ve always believed that we need to help other people and despite rumor to the contrary, there are a lot of good people who are making change and doing good things.

 

There aren’t many people who are trying to help convicted murderers. Maybe that’s why I feel like I need to. I can’t seem to get it out of my head that no other country in the world does to its child offenders what we do here. There’s a call to action on the Pendulum site that lists some things that people can do to help.

 

Public awareness is one of the things we can do. Talking about it is something we can do here. I believe that through raising awareness and through expressing opinions to our state lawmakers, we can make slow change. I’ve written to all of them and I’ve been surprised and encouraged at the number of responses I’ve received.

 

If you can make the time, please watch the episode of Frontline, visit the Pendulum website and think about what you can do to help. If you have suggestions and ideas about what can be done to raise awareness or to accelerate changing the laws, please comment or send me an email.

 

If you disagree, tell me why. If you support change, tell me that too. Let’s talk about this.

Categories: When Kids Get Life
Tagged: , , , , ,