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Bill to Parole the Very Worst 17-year-old Murderers Stalls

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California Senate Bill 399 by Senator Leland Yee is intended to create the possibility of parole for those very few 16- and 17-year-old murderers that the trial judge decides at sentencing should never be paroled. (Under current law, the judge always has the discretion to choose a 25-to-life sentence instead.)  The bill passed the Senate, but Yee apparently does not have the votes in the Assembly.  We have received reports that he intends to further amend to bill to scrape up the last few votes. 

No matter what amendments he puts in, the bill remains unnecessary.  Between the trial judge's discretion at sentencing and the governor's commutation power, current law has all the flexibility needed.

The  National Organization of Victims of Juvenile Lifers has this press release:

Sacramento - SB 399, which could free teen killers in California sentenced to life as adults because of the extraordinarily heinous nature of their crimes, is before the California Assembly currently.  Victims' families of these crimes and legal experts question the validity of some of the facts of the cases being used in support of SB 399 by Senator Leland Yee and other advocates, such as Human Rights Watch, that interviewed and published the offenders' versions of the cases which sometimes stood in direct contradiction to the facts proven in court.

NOVJL President and famed attorney Daniel Horowitz today said "The stories that Human Rights Watch uses are produced by the criminals or their supporters.  They are not documented with court files or in any other way.  One we know about in Oakland is fraudulent.  The legal stories are impossible in many cases as they describe procedures that do not exist or things that cannot happen in California's criminal justice system. The accounts are frightening because these lying, unremorseful killers are manipulating their way out of life sentences."

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NOVJL does not stand in opposition to needed sentencing relief for offenders who are over-sentenced. Horowitz continued, "We should be aware that in a few cases, there are basically nice kids who were just in the wrong place at the wrong time.  However, they are usually charged with lesser crimes, plead to something reasonable, cooperate with police and often have the support of the victim's family in receiving lesser sentences.  If there are a few isolated instances where the sentence is wrongly applied, we should acknowledge that some remedy should be provided. There is always clemency and other legal means to change the sentences. But no rational person would want 100 psychopaths released as part of that process. SB 399 is completely unnecessary, would torture victims' families for the length of their lives, and endangers California's public safety and finances."

Up to now, a well-funded propaganda campaign on behalf of the juvenile killers and violent teens has dominated media coverage of the issue of juvenile life without parole prison sentences. Victims' families have been concerned with the one-sided and often inaccurate portrayal of these killers and crimes, and have organized to make sure the facts of the cases are reported.  The bill has also been determined to be one that will be very costly to California taxpayers.

For detailed information on our stories and position, see our website at www.jlwopvictims.org or contact NOVJL President Daniel Horowitz . Daniel Horowitz, NOVJL's President, is a nationally renowned defense attorney who is a frequent guest analyst on national news media, including CNN, MSNBC, Fox and other stations.His wife was murdered by a "juvenile lifer" in California. The Heritage Foundation at www.heritage.org has also published an important report on the issue of JLWOP sentencing, Adult Time for Adult Crime, and its author Charles "Cully" Stimson, a Senior Legal Fellow at the Heritage Foundation is also available to the media to share his extensive legal expertise. NOVJL Past President Maggie Elvey's husband Ross was murdered by two "juvenile lifers" in California

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