Life-without-parole ruling could give 8 Minn. juveniles chance of release

A U.S. Supreme Court decision gives eight Minnesotans sentenced to life in prison as juveniles hope for release. The decision expands on a previous ruling that ended automatic life sentences without parole for juveniles.

For about 15 years, criminal justice reformers have tried to ease long sentences for juveniles, saying they violate the Constitution as cruel and unusual punishment.

Perry Moriearty, a University of Minnesota law professor and director of the Child Advocacy and Juvenile Justice Clinic, said sentencing is not one-size-fits-all when it comes to teens and children.

"Because their brains aren't fully developed, they make decisions that are more rash. They take risks that are greater," she said. "They don't have the foresight that adults have. So we don't blame them as much."

The U.S. Supreme Court ruling Monday means many cases of juveniles who received life without parole will get another look.

More than half of the eight Minnesota cases come from Hennepin County. Mike Freeman, the Hennepin County attorney, said his office will review them as soon as possible to speed things up, but also because a decision in one may set precedent for the others.

"If we make a decision of how we're going to handle one of them I think that's probably going to impact the rest of them," he said.

The Supreme Court ruling could reduce another inmate's sentence, but prosecutors are prepared to fight that.

Tony Roman Nose is serving life in prison for raping and killing a Woodbury woman when he was 17. Washington County Criminal Division Chief Fred Fink said Roman Nose shouldn't be released.

"When somebody gets life with parole that doesn't mean at the point where he's eligible that he automatically gets paroled either. That's an administrative decision-making process that the Department of Corrections goes through," he said. "In fact, it's highly unusual for someone convicted of offenses like this to be paroled at their first parole eligibility date."

Aside from being retroactive, the Supreme Court decision raises questions about sentencing statutes.

Previous attempts at the Minnesota Legislature have failed to change the state's "heinous crimes" law. But Morierarty said with the latest Supreme Court decision, new discussions may surface on life without parole sentencing.

"Will we as a state retain life without parole as a punishment option? Will we abolish it as a number of states have done? If we abolish, it what will be the replacement penalty?" he said. "In the past few years, we've brought forward a bill that abolishes life without parole and would replace it with 20 to life."

Meanwhile, Freeman said he expects the lesser punishment for juvenile inmates would be 30 years under a previous Minnesota Supreme Court ruling.