Michael Hernandez: Mentally ill teenager to be tried as an adult
THE CASE OF MICHAEL HERNANDEZ Mentally ill teenager to be tried as an adult
Michael Hernandez at his competency hearing
Child advocates call for flexible juvenile justice system By Noaki Schwartz Sun-Sentinel Posted February 8 2004
As authorities contemplate charging as an adult a 14-year-old boy accused of killing a classmate, the debate over how Florida handles juveniles charged with capital crimes is once again moving to center stage.
It hasn't been off stage that long. Last week's incident, in which a Southwood Middle School student confessed to repeatedly stabbing his friend Jaime Gough in a bathroom, follows a recent successful campaign to free Lionel Tate, who became the poster child for Florida's juvenile justice laws when he was sentenced to life in prison at the age of 13 for killing a 6-year-old.
A judge threw out his 2001 conviction and Tate, now 17, was freed Jan. 29 and will spend 10 years on probation under a plea deal. Violation of the terms of his deal could send him back to prison. Another 13-year-old, Nathaniel Brazill, tried as an adult in 2001 for killing his middle school teacher in Lake Worth, is serving a 28-year sentence.
Miami-Dade prosecutors are seeking a grand jury indictment to try the Southwood eighth-grader in adult court. A conviction could result in a life sentence. The South Florida Sun-Sentinel is not naming the suspect because of his age.
"I would hope that Lionel's case has shown the world we shouldn't stick our children in jail for the rest of their lives without parole," said Richard Rosenbaum, Tate's appellate attorney.
Some states use "blended sentencing," allowing young offenders to be confined in the juvenile system until they reach age 21 and then transferred to an adult prison system if the courts think it is necessary.
Child welfare advocates say children who commit horrible crimes should not be treated or punished as adults because they think, act and perceive the world differently than adults. And, most of all, there is a possibility they can be salvaged.
"I don't think it's appropriate to send children that young into the adult system because studies show they are less competent, and they are rehabilitatable," said Stephen Harper, a veteran public defender who once headed the juvenile division in Miami-Dade County. "There should not be just this instant reaction of grand jury, adult court, end of story."
If the Southwood student is sentenced as a juvenile, he could be free by age 21, Harper said. If the teen is convicted of first-degree murder as an adult, he could be in prison the rest of his life.
As Harper put it: "If they charge him with first, the options are there aren't any options."
In the wake of Tate's release, almost everyone involved in the case, including the victim's family, agreed Florida's justice system should be reformed to give judges more discretion in sentencing juveniles who are charged as adults.
Ed Griffith, a spokesman for Miami-Dade State Attorney Katherine Fernandez Rundle, said she has lobbied the state Legislature unsuccessfully to pass a measure that would allow blended sentencing.
SEEKING OPTIONS
Prosecutors take into account factors such as the juvenile's record, the seriousness of the crime and the child's age when deciding whether to charge juveniles as adults.
Blended sentences, Griffith said, would "ensure that those juveniles whose crimes merit extensive supervision are able to receive it so that the community is safe."
Griffith also noted that juvenile crime has gone down in recent years.
"Getting tough on juveniles who needed tougher sentences has certainly had an impact on the level of crime committed by juveniles and young adults," he said.
State Sen. Steve Geller, D-Hallandale, has introduced a bill that would allow children under 16 who have been convicted of a capital crime to become eligible for parole if they have never previously been convicted of a felony. Under his bill, the child would have to be imprisoned as a juvenile offender for eight years and only then be considered for parole.
"The problem is that people are treating children as short adults, and they're not," Geller said. "If they still believe in the tooth fairy, it's inappropriate to sentence them to life in prison.
"I'm not willing to accept that you're going to put 11- and 12- and 13-year-olds in prison for the rest of your life for one act."
But Geller expects significant opposition in Tallahassee.
"No member of the Florida Legislature has ever been defeated for re-election or election to a higher post because they're seen as too tough on crime," Geller said. "You only lose because you're seen as too soft on crime."
Geller said the bill does not guarantee juveniles convicted of murder would automatically be released after eight years, only that they would get a second chance.
"We're not talking about gang bangers here," Geller said. "We're talking about kids who have not previously done anything wrong. Then it makes them eligible for parole after eight years. You do away with the mandatory minimum and with keeping them in prison for the rest of their lives.
"We're not letting anyone out of prison," he said. "We're just giving them a chance at redemption."
Sen. Walter "Skip" Campbell, D-Tamarac, last year tried unsuccessfully to introduce similar legislation.
"The purpose of the penal system is to punish, but I believe it's also to rehabilitate," Campbell said. "If we don't allow the rehabilitation side to be pursued, then we're really not a true, honest society."
COMPREHENDING CRIME
Many are reluctant to compare last week's killing to Tate's case.
Tate maintains he accidentally killed his friend Tiffany Eunick in 1999, while playing with her. In the Southwood Middle School case, police say the 14-year-old confessed that he had planned the murder, and a knife and bloodied latex glove were discovered in his backpack.
"People will compare him to Tate because you have a young defendant," said Brian Tannenbaum, a Miami criminal defense attorney. "But the means and methods are very different. This is not rough play that turned into a death.
"I think there's no question that he will be treated as an adult."
Before confessing to the crime, police said, the boy waived his rights to be questioned with an attorney present. Psychologist Helen Orvaschel says a teenager may not fully understand the ramifications of such decisions.
"At 14, it is difficult to conceive of long-term consequences. Long-term at 14 is this week or this month," said Orvaschel, a professor at Nova Southeastern's Center for Psychological Studies. "To be able to truly waive one's rights, I don't know if he comprehended the moment."
Staff Writer Diana Marrero and Miami Bureau Chief David Cázares contributed to this report.
The parents of a 14-year-old Miami-Dade County boy accused of killing his best friend in a school bathroom have hired the attorney who won Lionel Tate's release from prison.
Tate, who was sentenced to life at age 13 for killing a 6-year-old, walked free in late January after pleading guilty to second-degree murder.
His attorney, Richard Rosenbaum of Fort Lauderdale, confirmed on Tuesday he has been hired to represent Michael Hernandez, who is charged with first-degree murder in the Feb. 3 slaying of Jaime Gough.
Rosenbaum filed a notice of appearance in court on Tuesday and entered a not guilty plea on behalf of his client, whom the South Florida Sun-Sentinel is naming because he is being tried as an adult.
"I'm representing him and looking forward to doing the best job we can do on this case," Rosenbaum said.
Hernandez's parents, Jesus and Kathy Hernandez, decided to hire Rosenbaum after a Miami-Dade County judge denied their request for a public defender on the grounds they have too many assets.
"If he files a notice of appearance then I guess that is for sure and for certain that he is the attorney at this point," Assistant Public Defender Tamara Gray said.
Staff Writer Paula McMahon contributed to this report.
Judge: Miami-Dade teen can stand trial for murdering classmate
By Ihosvani Rodriguez Miami Bureau Posted December 9 2004
Fatal slashing in a Miami middle school restroom
Michael Hernandez is mentally ill, but the 14-year-old is competent to stand trial on charges he killed an eighth-grade classmate earlier this year, a Miami-Dade County judge ruled on Wednesday.
The highly awaited ruling by Circuit Court Judge Henry Leyte-Vidal clears the way for prosecutors to pursue first-degree murder charges in the stabbing death of Jaime Gough, 14, at Southwood Middle School.
Authorities say Hernandez confessed to stabbing his friend more than 40 times inside a school bathroom stall on Feb. 3.
Last month, a New York psychology professor hired by the teen's attorney testified Hernandez is a delusional schizophrenic who has no concept of the judicial system or the seriousness of the charges.
Prosecutors, however, countered with two experts who said Hernandez has obsessive-compulsive disorder, a mental illness that shouldn't stop the teen from going to trial.
The judge considered his decision for more than a week before issuing a two-page order on Wednesday. "The court finds based on review of the file and the testimony of the witnesses ... that the Defendant has a mental illness," Leyte-Vidal wrote. "However, the mental illness does not impact on the Defendant's competency to proceed with trial."
The judge did not indicate what mental illness he thinks Hernandez suffers. To reach his decision, the judge had to determine whether Hernandez meets a number of legal factors including understanding the potential penalties he faces and having the ability to testify relevantly if he chooses.
Had the judge ruled differently, Hernandez would have been institutionalized until deemed competent.
"It's a sad day in American jurisprudence when someone orders a severely psychotic teenager to go to trial," said defense attorney Richard Rosenbaum, who is contemplating presenting an insanity defense.
However, he did find solace in Leyte-Vidal's acknowledgement that Hernandez is mentally ill.
"I think people are starting to realize that he truly has serious mental problems and that it's not make-believe," Rosenbaum said.
Prosecutors did not return calls seeking comments.
If convicted, Hernandez could receive life in prison. A trial date has not been set.
Ihosvani Rodriguez can be reached at ijrodriguez@ sun-sentinel.com or 305-810-5005.
