Dec. 30




FLORIDA---re: juvenile killers

Pensacola arrests cap year of debate over juvenile killers


In Pensacola, murder charges against 12- and 13-year-old brothers accused
of killing their father capped months of debate this year over how to
prosecute and punish juvenile killers following 3 high-profile trials.

It will continue to be an issue before the legislature, courts and
Florida's governor and Cabinet in 2002.

Derek and Alex King, ages 13 and 12, were indicted as adults on
1st-degree murder charges Dec. 11. Firefighters on Nov. 26 found the
bludgeoned body of their father, Terry King, 40, inside his burning house
in Cantonment, a Pensacola suburb.

Florida law requires that they be imprisoned for life without parole if
found guilty. There are no alternatives. Some critics, including state
Sen. Skip Campbell, D-Fort Lauderdale, say that penalty is too severe.

"We have to find a fair system," Campbell said. "For those children that
do things off the cuff, emotionally, that can be rehabilitated, I'm not
too sure that society will be benefitted by keeping them in jail for the
rest of their lives."

Once convicted as adults they must be sentenced as adults. That means
mandatory terms of life without parole for juveniles 16 and under who are
convicted of 1st-degree murder. Those who are 17 also can receive death
sentences.

Campbell has sponsored a bill (SB 286) for the 2002 legislative session,
which starts Jan. 22, to change the sentencing procedure for underage
killers.

Those under age 16 convicted of crimes punishable by death or life in
prison would be committed to the Department of Juvenile Justice until
they reach 21. A hearing then would be held. If a judge rules an offender
has been rehabilitated he would be conditionally released. Those judged
not rehabilitated would be sentenced to life in prison, but they would be
eligible for parole.

Campbell's bill may have difficulty getting passed. It will have to go
through the Senate Criminal Justice Committee, chaired by Sen. Victor
Crist, R-Tampa.

"I think that approach is far too liberal," Crist said. "Murder is
murder, dead is dead, and if somebody has killed an individual then they
don't belong in society."

Crist said he is willing to consider all ideas, but doesn't believe
anyone who commits 1st-degree murder, regardless of age, should ever be
freed.

"If the child demonstrates that they can commit cold-blooded, heinous
murder, the chances are they're going to do it again and again and
again," he said. "It's time to look at the victims and their rights."

A separate bill (SB 328) by Sen. Steven Geller, D-Hallandale Beach, calls
for combination juvenile-adult penalties for youngsters convicted as
adults of crimes not punishable by death or life in prison.

Florida's laws drew criticism this year after 3 teens, Lionel Tate, John
Silva and Nathaniel Brazill, were convicted of murder in January,
February and May after highly publicized trials.

Tate was 12 when he beat to death 6-year-old Tiffany Eunick in July 1999
in Pembroke Park. Tate was sentenced to life in prison without parole
after a jury rejected his claim that he accidentally killed the girl
while imitating pro wrestlers.

Silva also was sentenced to life in prison without parole. He was 15 on
May 26, 2000 when he strangled 12-year-old Jerry Lee Alley Jr., whose
body was found in an Interlachen septic tank.

Brazill was 13 when he fatally shot teacher Barry Grunow, 35, at Lake
Worth Middle School on May 26, 2000. He claimed the gun went off
accidentally and that he was just trying to scare Grunow, who had refused
to let him see two girls in his class.

A jury convicted Brazill of 2nd-degree murder and he was sentenced to 28
years in prison. State law requires him to serve at least 85 % of his
sentence before he can be considered for release.

Tate is serving his sentence at a maximum security juvenile center while
Brazill and Silva have been sent to an adult prisons for youthful
offenders.

All 3 cases are under appeal. Tate also has applied to Gov. Jeb Bush and
the Cabinet for clemency, but his request to waive a 2-year waiting
period was rejected. Lawyer Johnny Cochran, probably best known for his
defense of O.J. Simpson, is assisting Tate's legal team.

In March, the Rev. Al Sharpton, founder of the National Action Network,
led a Fort Lauderdale rally to protest Tate's life sentence. Sharpton
called it an "outrage" and pointed out that some states let killers such
as Charles Manson go before parole boards, yet Florida denies that
possibility to juveniles.

Many lawmakers remain opposed to changing Florida's laws. State Rep.
Randy Ball, R-Mims, said young murderers have an "element of evil" that
makes rehabilitation impossible. He said the risks of returning them to
society are too great.

Prosecutors in the Tate and Brazill cases said they pursed adult charges
because the law required it. Both later said they would support giving
judges more latitude in punishing juvenile murder convicts.

Barry Kirshner, who prosecuted Brazill, said judges should be able to
sentence juveniles under 16 to 25 years instead of life for 1st-degree
murder.

Ken Padowitz, who prosecuted Tate, said he also favored clemency for the
teen. Tate had been offered a plea deal before trial that would have sent
him to a juvenile facility for three years, followed by a year of house
arrest and then 10 years of probation and counseling. The boy's lawyer
rejected the offer.

Sen. Campbell said he has been working on the issue for the past couple
years but the Tate and Brazill cases just highlighted the problem.

"There are bad kids that probably should stay in jail the rest of their
lives," Campbell said. "But I think there also are some very ill-fated
kids that probably, if you ask them to do it again, they would wouldn't
do it if they knew the consequences."

(source: Associated Press)