Category: News

Supreme Court Overturns Mandatory Life W/Out Parole For Juveniles WASHINGTON (CBSMiami) – Lost amidst the hubbub of the Supreme Court’s docket on Monday was a key ruling dealing with how severe of a punishment a juvenile offender could be given. The high court ruled that laws which require juveniles convicted of murder to be sentenced to life in prison violates the Eighth Amendment’s ban on cruel and unusual punishment. The court left open the possibility of individual juveniles to be sentenced on a case-by-case basis to life without parole. The ruling will see roughly 2,000 juvenile offenders serving life in prison possibly receiving new sentences, including at least one high profile case in South Florida. Michael Hernandez who was convicted of the 2004 murder of 14 year old Jaime Gough in the bathroom at Southwood Middle School. Hernandez was also 14 at the time. Jaime’s parents, Jorge and Maria Gough hope that judges will take into account the victims as well as the offenders when sentencing juvenile killers. “I don’t know what it is to be on the other side as parents,” said Jorge Gough. “But I know for one thing, It hurts very much to know no one thinks about my son anymore and everyone is focusing on Michael.” Hernandez could get a new sentencing hearing. The Goughs said hearing about the Supreme Court ruling brought back painful memories. “We heard this news yesterday and it’s just like we got a flashback of the first day, and my goodness we’ve got to go through this again when is this going to be over?” said Jorge Gough. He and his wife Maria say they have forgiven their son’s killer but they still want him to pay for his crime. “We’ve definitely taken a step forward for protecting children,” said attorney Julie Ebenstein, of the American Civil Liberties Union of Florida. “I think it’s another recognition by the court that children are not just miniature adults; that they have special needs.” The 5-4 decision divided along political ideology lines with Justice Anthony Kennedy providing the swing vote to the more liberal justices. The decision came on a combination of cases, Miller vs. Alabama and Jackson vs. Hobbs. Ebenstein noted the United State is the only nation in the world that sentences children to life in prison for anything. “Judges and juries need to be able to tailor sentences to a particular crime and a particular defendant,” Ebenstein said. “Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features—among them, immaturity, impetuosity, and failure to appreciate risks and consequences,” Justice Elena Kagan wrote for the majority. “We therefore hold that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders,” Justice Kagan wrote. “By making youth (and all that accompanies it) irrelevant to imposition of that harshest prison sentence, such a scheme poses too great a risk of disproportionate punishment.” The decision didn’t address either of the cases. Instead, the high court struck down life without parole as a penalty for juveniles. It then sent both cases back to lower courts to address the sentence with the new guidelines. The high court’s ruling places the burden of the sentence back upon sentencing judges when a juvenile is convicted of murder. The justices didn’t provide specific guidelines or factors to control the sentencing judge’s decision. “Although we do not foreclose a sentencer’s ability to make that judgment in homicide cases, we require it to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison,” Justice Kagan wrote. Criminal defense attorney Frank Gaviria said the Supreme Court’s ruling was “an important decision” But, he warned that life in prison is still on the table for juveniles who kill. “In some of these cases, ultimately, the judges, when they get an opportunity to resentence, will continue to impose life,” Gaviria said. “But I would imagine in some other cases the judge will use some discretion and impose penalties less than life.” miami.cbslocal.com Latest Posts School fight caught on cameraAugust 18, 2023 Cops took $22 million cash stuffed in buckets from his home. But he won’t lose it all.February 7, 2018 10th Sentence Handed Down In Fla. Health Care Fraud CaseJuly 20, 2017 Man identified as Colombian judge accused in arms-shipment case in MiamiJune 11, 2017 Archive February 2018 July 2017 June 2017 November 2016 October 2016 March 2016 February 2016 April 2014 March 2013 June 2012 March 2012

State: Assault Charges Dropped In Goleman High Stabbing MIAMI (CBS4) – Miami-Dade prosecutors dropped assault and weapons charges Monday morning against Frank Acosta, the Barbara Goleman High School student who stabbed a fellow student he claimed attacked him. Acosta said he was the victim of bullying, and video taken at the time of the stabbing clearly showed he was attacked by fellow student Mauricio Padron, 17. Despite that, he was charged with aggravated battery with a deadly weapon because he stabbed Padron with a small pocket knife. He was charged with a weapons violation because it’s illegal to bring a knife to school. In a court hearing Monday, prosecutors said they would “nolle pros” the case, which means they declined to move forward with prosecution. That means the charges were dropped against Acosta, who claimed he was just defending himself against the much larger Padron. “I feel good, happy that this whole thing is over…When I found out I was filled with emotion and I almost cried,” Acosta told CBS4’s Natalia Zea exlusively in Spanish. In the State Attorney’s Office case close-out memo, prosecutors said that Padron admitted to police and fellow students that he used illegal steroids. “The video showed that Mr. Acosta was truly the victim in this case, that this was a textbook case of bullying and that Mr. Acosta should never have been arrested, he should have never been charged in this case,” said his defense attorney Frank Gaviria. Acosta was not in court Monday, but Gaviria said he was grateful his client can, “go on with his life and fulfill the American dream.” A week after the incident, schools police also charged Padron – with battery and interference with education. Those charges were also dropped. Padron’s attorney, Robert Pelier released this statement saying in part, “…In asserting my defense of Mr. Padron, the State attorney has advised that they will be dismissing charges against my client, Mr. Padron. I am pleased at the result I was able to obtain.” Attorney Robert Pelier, representing Padron, said the cell phone video of the incident which showed the attack doesn’t tell the whole story. Pelier said Acosta had brandished the knife in the earlier encounter in the cafeteria, and had it out and at the ready before Padron charged him in the stairwell. “Mr. Padron had been threatened and was taking action to defend himself,” Pelier said. “The school system is preserving all of the surveillance video of the incident and the full story will be revealed in court. We do not intend to try this case in the media.” Neither teen nor their families were in court for Monday’s hearing. Acosta’s attorney said his client was supposed to graduate this semester and he is hoping he will still be able to. Acosta said the District sent him to a remedial school after his arrest, and he hopes to walk at graduation with his classmates at Barbara Goleman Senior High. Acosta wants to move forward with his life, especially after tasting life behind bars. He told CBS4, “I never want to stay in jail again.” miami.cbslocal.com Latest Posts School fight caught on cameraAugust 18, 2023 Cops took $22 million cash stuffed in buckets from his home. But he won’t lose it all.February 7, 2018 10th Sentence Handed Down In Fla. Health Care Fraud CaseJuly 20, 2017 Man identified as Colombian judge accused in arms-shipment case in MiamiJune 11, 2017 Archive February 2018 July 2017 June 2017 November 2016 October 2016 March 2016 February 2016 April 2014 March 2013 June 2012 March 2012