Feb 16, 2007 1:26 pm US/Central
Daycare Death Could Lead To Harsher Sentences
St. Paul (AP) ―
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Emily Lynn Johnson (File)
CBS
The death of 2-year-old Emily Johnson last June has prompted legislation that would allow 13-year-olds to be prosecuted as adults for violent crimes.
Emily died after being assaulted by a 13-year-old boy at a home day care in Fergus Falls. Under Minnesota law, he was just a few weeks too young to be prosecuted as an adult.
Emily's mother, Lynn Johnson, said he never showed remorse and didn't even offer information on what happened as doctors tried to save Emily, who died of a severe head injury.
The boy pleaded guilty to second-degree manslaughter, but his sentence isn't public because he is a juvenile. State law allows him to clear his record by the time he turns 19.
"There hasn't been enough justice for what Emily went through," Lynn Johnson said.
The legislation would lower the threshold at which a juvenile could be certified as an adult to 13 instead of 14 for violent crimes ranging from malicious punishment of a child to first-degree murder. It would also leave cases on criminal records until the offender turned 28.
"It's time the law was reviewed before anyone must deal with this tragic situation again," said Rep. Torrey Westrom, R-Elbow Lake, one of the bill's sponsors.
If the bill passes, Minnesota would join at least 13 other states that allow juvenile offenders to be certified at adults at ages below 14. Wisconsin, Kansas, Vermont and Indiana let 10-year-olds be prosecuted as adults in murder cases.
Michelle Eldien, the assistant Otter Tail County attorney who prosecuted Emily's assailant, said the option of trying him as an adult would have been considered if he had qualified.
Some county attorneys said the change is needed to keep up as more young offenders commit extremely violent crimes. Dakota County Attorney James Backstrom said violent offenses by children ages 10 to 13 are extremely rare, but state laws aren't strong enough to address them when they happen. He said putting them into the adult system may not be the solution.
Opponents said children under age 15 aren't mature enough to grasp the consequences of their actions, and the adult prison system isn't set up to deal with them.
"It is irresponsible public policy to introduce legislation like this," said Barry Feld, a criminal procedure and juvenile justice professor at the University of Minnesota. "How can you send kids to prison for life who can barely tie their shoes?"
Minnesota's system allows teenagers to be prosecuted as juveniles with the threat of an adult prison sentence if they commit new crimes before they turn 21.
(© 2007 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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