By Jeff Karoub
Associated Press
LANSING (AP) — A state-funded agency representing Michigan criminal defendants is reviewing cases and recruiting lawyers to represent other inmates serving mandatory life sentences without parole for crimes committed as minors in light of a major U.S. Supreme Court decision.
State Appellate Defender Office Director Dawn Van Hoek said during a legislative hearing in Lansing that her office has represented 125 of the roughly 370 Michigan prisoners serving such sentences.
They are contacting those inmates and finding private lawyers to take on the remaining cases free of charge. A training session for the attorneys is scheduled for next week.
Van Hoek said at least one-third of those her office has represented “stand a very good chance of being released early” — particularly those who’ve served the most time or played lesser roles in crimes such as serving as the getaway driver.
She also expects that her colleagues will come to an agreement with prosecutors on many cases.
“We think it will be a successful approach,” she said. “A lot of circumstances ... will be compelling.”
The high court last month struck down mandatory no-parole sentences for juveniles.
In Michigan, juveniles prosecuted as adults for first-degree murder automatically get life in prison without parole.
A life sentence is still possible even with the decision, and the state parole board still has final say.
Van Hoek says motions for resentencing hearings could be filed soon on the inmates’ behalf, though the state attorney general’s office says it’s unclear if the ruling applies to all past cases.
Representatives from the AG’s office urged state lawmakers to enact legislation dealing with the retroactive issue and other aspects of the ruling as officials develop “cohesive recommendations” for county prosecutors.
“This is not a simple decision,” said John Lazet, director of the crime victim advocacy for Attorney General Bill Schuette. “Legislation will be needed for future cases, at least.”
Lazet said his office is trying to contact crime victims, because they have the right to make statements should any of the prisoners be resentenced.
He said Schuette is concerned that “victims’ rights are preserved and they are able to exercise them as well.”
Jody Robinson, co -founder of the National Organization of Victims of Juvenile Lifers, said she doesn’t believe the ruling should apply retroactively.
Robinson, who lives in Davisburg, said she and her family will be forced to relive the murder of her brother 22 years ago in Pontiac at the hands of a 16-year-old.
“I want to know when my nightmare will end,” she said.
Van Hoek said the goal is not to release anybody considered to be a danger to society. She also expects that there will be lawsuits filed after judges’ resentencing decisions until new laws are enacted or
there’s a “definitive ruling” from the Michigan Supreme Court.
Still, she said, it’s important to review the cases in a state with one of the nation’s highest rates for inmates serving life sentences for crimes committed as juveniles and among the worst for providing legal aid to poor criminal defendants.
“I think we’re in the national spotlight and we have the chance to do something right with juvenile lifers,” she said.
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