Massachusetts

December 27, 2013 UPDATE:

The Massachusetts state Supreme Court has voted to retroactively apply the Miller v Alabama US Supreme Court ruling, thereby re-opening the life prison sentences given to dozens of murder victims, and throwing victims families lives into upheaval.

NOVJL was shocked to learn that victims families did not learn of the legal changes in Massachusetts or the killer’s new sentence until AFTER it had happened – a clear violation of their rights as crime victims under Massachusetts law. This is the reason NOVJL exists. We are very concerned now for the other family members of the approximately 50 “juvenile lifer” teen killers in Massachusetts. What have their victims’ families been told?!

Victims families vow to fight. See our Massachusetts Victim Memorial pages at the above tab for more.

Here is another example of public reaction to the ruling:

SJC decision on juvenile murderers totally insane

The Lowell Sun

UPDATED:   01/09/2014 08:46:51 AM EST

The recent ruling by the state Supreme Judicial Court to allow parole eligibility to teenagers convicted of first-degree murder after serving only 15 years is disturbing to say the least. How much lower will this state stoop in order to coddle brutal cold-blooded murderers?

The claims by psychologists that the brain of juvenile offenders does not reach maturity by the early to mid-20s seems outdated and pure nonsense to me. If these monsters are capable of planning and carrying out these atrocities (the vicious rapes and murders of Priscilla Gustafson and Colleen Ritzer to name a few), then they are aware of what they are doing and need to face responsibility for their violent crimes, including life in prison without parole and I think the death penalty in these horrific crimes would be warranted as well.

As usual, the twisted minds of the bleeding-heart liberals are constantly at work, especially in this criminal coddling state of Massachusetts. They claim that life in prison without parole and the death penalty for vicious murderers is cruel and unusual punishment. Really? What about these heinous crimes against defenseless women who are raped and murdered by these sickos? I would consider that cruel and unusual punishment, especially when they are handed a death sentence by these teen “offenders.”

What is even more disturbing is that when Gov. Patrick was asked, he said he was for the ruling, that it was a good idea. This is a man sworn to uphold the laws of the commonwealth but then what do you expect from a governor who is insulated from what the citizens have to live amongst every day. One who refuses to believe that fraud and abuse of taxpayer-funded entitlements exists, one who continues to tax the middle class and working poor into oblivion rather than cut fraud and abuse that is rampant in this state.

What can we expect when these same bleeding-heart liberal hacks continue to be re-elected into office? Conservative talk-show host Michael Savage is truly correct when he says that “liberalism is a mental disorder.” What other explanation could exist for the irrational and misguided individuals we dare to call our “leaders.”

Shame on us all!

BOB LAJOIE

Lowell

Read more: http://www.lowellsun.com/opinion/ci_24875845/sjc-decision-juvenile-murderers-totally-insane#ixzz2q1Smy8p1

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NOVJL expects this whole issue will end up back in the US Supreme Court in the next year or two, settling the issue of “retroactivity” with finality. Until then, our concern is for how upsetting and unsettling all this is to victims families, with no concern expressed to us by the advocates for the offenders that have spent millions of dollars to push this agenda.

Previous news:

There are several bills pending in 2012 in the Massachusetts legislature that would retroactively possibly free the convicted murderers sentenced to natural life there.

The June 2012 Supreme Court ruling against mandatory life sentences for teen killers will generate court challenges and possible changes in state law.

NOVEMBER 2012 – this article summarizes differing views in Massachusetts about the fate of the teen killers sentenced to life. NOVJL remains concerned that victims families are not being notified of policy discussions that could profoundly impact their lives.

A good article from the Boston Globe summarizing the situation. And another comprehensive article gives insight into the Massachusetts process.

Some news coverage of offender potential release in Massachusetts. More coverage here.

 

Here is more news coverage on such cases.

 

 

What we know about the three bills pending in the legislature: 
1. One would raise the age to 18 for the purposes of juvenile prosecution.  Senator Spilka (SB 64) and Representative Khan (HB 450) filed the same legislation in both the Senate and the House, entitled An Act to expand juvenile jurisdiction, increase public safety and “protect children from harm”. (NOVJL objects to legislation to protect teen killers from harm that pretends that they are only children who are in danger when they have murdered our loved ones who are NOT being “protected” by this legislation)
 
2. Another one filed by Representative Kafka’s is very similar, but goes farther by prohibiting charging minors as adults (HB 2232) – An Act to ensure that all minors are not charged as adults. 
 
3. And one filed by Senator Chandler to allow for parole eligibility for youthful offenders including those charged with murder (SB 672) – An Act relative to the sentencing of children.
 
 

The victims families of these crimes have not been notified of the pending legislation. This is an outrage.

Massachusetts’ renowned Boston Globe reported recently a study that shows that paroling violent offenders sentenced to life poses a serious risk and danger to the public.

Investigative reporting in New England addressed some Massachusetts cases:

When Teens Kill:  A Parent’s Pain

December 29, 2011

By Maggie Mulvihill and Sarah Favot
New England Center for Investigative Reporting

For the parents of murder victims, there is no comfort.

Olivia Singletary had to move out of Brookline after her adopted son, Perry Hughes, 19, was fatally shot there by a teenage murderer during a drug dispute. Singletary had lost another son to a car accident two years earlier.

Witnesses to Hughes’ death told Singletary her son was trying to shield others from Antonio Fernandez, 16, and his friends, who had gotten into an argument over marijuana at a 2002 graduation party in a Brookline housing project.

“Perry was the one who stepped up to protect the crowd,” said a tearful Singletary, who couldn’t bear to be in the courtroom when evidence like her son’s bloody clothes was presented to the jury.

“The loss of a child, you never get over that,” said former Attorney General Tom Reilly, who pushed for tougher sentencing laws for juvenile murderers in the 1990’s.
For parents of killers, especially teenage killers serving life with no chance for parole, there is wrenching anguish over whether they failed their child as he or she veered towards murder and the permanent loss of their freedom.

“I feel guilty.  I could have helped him more,” said an emotional Vong Oung, 46, discussing his son Kevin Keo, who was convicted of first-degree murder for a 2007 gang-related slaying in Lynn.

Keo is one of seven Massachusetts teens featured in an investigation published this week by the New England Center for Investigative Reporting which highlights profound inequities in the sentences handed down to Bay State teens charged with murder.  The investigation reveals that a 1996 law aimed at punishing so-called teenage “super-predators” has been applied inconsistently over the past 15 years, sentencing some teens to life without parole who had no criminal backgrounds and who acted spontaneously.   Meanwhile, other teen killers with serious criminal histories or who showed extreme cruelty to their victims were convicted of lesser degrees of murder and allowed to apply for parole.

Parents of some teens, like Oung, are racked with guilt over what they could have done differently to save their child.

Oung, a Cambodian refugee raised in Maine by an adoptive mother, said he erred by moving his family to Lynn, known for Asian gang problems, when Keo was a toddler.
“It’s not like the place I grew up.   I should not have brought him to live over here,” Oung, a public school teacher, said.

Oung alternated between expressing guilt over being too tough on his son growing up to his failure to see signs of Keo’s gang activity as he entered his teens.   When Lynn police came to Uong’s home following Christian Vargas-Martinez’s murder, he let them in.

“I didn’t think my kid had anything to hide.  This boy was a smart boy.   He could have gone to an Ivy League college,” he said.   During the search they found a gun hidden in Kevin’s room.

“They say my son in a gang.  I didn’t see it,” Oung said.

Visits to state prison are especially difficult.   Keo, a skinny 20-year-old, told his father he has been beaten up by older prisoners.  Oung brings along Keo’s six and nine-year-old sisters for company.

“It’s easier for me that way,” Oung said.  “He doesn’t say much.   Sometimes he just wants a hug.  Then he’s quiet.”

Vargas-Martinez’s family could not be reached for comment.  The Essex County District Attorney declined a request for comment on Keo’s case, which is on appeal.
For the parents of John Odgren, who is serving life without parole for the unprovoked 2007 slaying of a schoolmate, there is deep sorrow about not knowing about Odgren’s deepening psychological problems.

His father, Paul Odgren, said he and his wife Dot were not told by school officials Odgren had brought a pocket knife or a toy gun to school before James Alenson’s fatal stabbing.

“Those are danger signs.  We would have pulled him out of there,” Odgren said.  Obviously there was more going on psychologically that we knew or he could express or control.”

Messages left at the Alenson’s home and on a listed mobile phone for Alenson’s father, were not returned.

Odgren, now 21, began exhibiting signs of a troubled mental state when he was a toddler, becoming inconsolable if his mother didn’t pick him up and hold him.   He was diagnosed with depression at age eight and also has Asberger’s syndrome.

John Odgren attended a number of different schools as his parents tried to help him develop academically, but was mercilessly bullied, they said.

His parents’ contact with him now is largely limited to visits to Bridgewater State Hospital, where he was placed following his conviction last year.

“It’s impossible for someone who hasn’t had this happen to them to have more than a dim idea of what it is like,” said his father, Paul Odgren.   “We’re tormented by loss.”

“Sometimes I see a note that he wrote about getting ready for school and it brings me to tears,” Paul Odgren said.   “I miss him terribly.”

Photo Credits:
Photo of  Kevin Keo’s father Vong Oung – Jim Davis (Boston Globe Staff)
Photo of Dot and Paul Odgren together – Christine Peterson for the Boston Globe