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A Waste of Time and Money on a Killer

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Roughly four weeks ago, the New York Times had this gushing article about the then-upcoming re-sentencing for Adolfo Davis.  In 1990, at age 14, Davis, a Chicago native, was knee-deep in a double murder.  He was tried as an adult and sentenced to the then-mandatory LWOP. Then the Supreme Court came along in Miller v. Alabama to hold, 5-4, that mandatory LWOP for a juvenile violates the Eighth Amendment. 

The defense bar was all aflutter.  Miller was to be the beginning of the end for finality in sentencing, and would open the door to vastly expanded proportionality review, not to mention full throttle for the "his-brain-wasn't-developed" arguments in behalf of all manner of violent criminals in their fifties forties thirties whatever. 

All that might yet happen.  But, I noticed in the Chicago Tribune yesterday on my way back from the Seventh Circuit Judicial Conference in Milwaukee, it didn't work out too well for Mr. Davis.
There were several items of note in the Tribune's article.  One was Judge Angela Petrone's skepticism about whether defense counsel's arguments on brain development were anything beyond junk science:

In one of the more intriguing parts of Petrone's decision, she questioned whether research into the development of adolescents had moved "beyond speculation." 

"There is substantial evidence that adolescents engage in dangerous activities despite knowing and understanding the risks involved," she said in her 32-page decision, written in an unconventional style that included page after page of bullet points. "More research need(s) to be done to take this field beyond speculation."


Judge Petrone declined to be taken in by the defense's PR blitz:


Petrone also dismissed many of the witnesses who testified about how Davis had reformed in prison. The judge noted that the witnesses had admitted being part of a "cause" for juvenile justice and questioned how much they really knew about Davis.

She called some of them "well-intentioned but uninformed" and said others had "clouded" opinions -- including Abner Mikva, a former federal judge, congressman and White House counsel who testified on Davis' behalf and also expressed his concerns about the punitive nature of the justice system.

"Mikva does not know the defendant and saw him one time in Cook County Jail, for less than an hour," Petrone wrote.


Could someone tell me how Abner Mikva's views about the "punitive nature" of the system count as relevant evidence in the sentencing hearing for a person he doesn't know, and only met as a pretext for getting him on the stand to try to bully a local judge?

In addition, Judge Petrone noted that Davis had not, contrary to his counsel's argument, become the second coming of Mother Teresa:

Petrone pointed to several threats Davis was said to have made toward correctional officers and other prison officials and the dozens of prison violations he incurred over the years. She also noted that Davis once impregnated a woman who was visiting him in prison.

The judge acknowledged his troubled background, including that he was raised in an uninhabitable home by an illiterate grandmother who struggled to care for his most basic needs. But she said he had ample opportunity for help growing up.


Davis wound up with the same life sentence he had before  --  but only after the taxpayers had to pony up for Judge Mikva's sermon-as-evidence, plus a good deal more.

And now for the appeal..........................



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