by Necalli Ollin
(This is the first in a series of posts analyzing the prosecutor's arguments in recent court hearings regarding the case of Efrén Paredes, Jr.)
Friday,
January 15, 2021, oral arguments were held in the Berrien County Trial Court in
the case of Efrén Paredes, Jr.
Efrén
is a 47-year-old Latino man arrested at age 15 in Berrien County, Michigan, for
the 1989 homicide and robbery of a grocery store manager. He was later
convicted by a jury and sentenced to life without parole. Minors serving the
extreme sentence are commonly referred to as "juvenile lifers."
In
2012 the U.S. Supreme Court issued a landmark ruling in the case of Miller v.
Alabama banning mandatory life-without-parole sentences for children. The Court
also ordered the resentencing of 2,500 people impacted by the ruling
nationwide. In Michigan Picture: Keith Negley for The Washington Post
367 people had to be
resentenced.
Michigan
trial courts now have the option of imposing a term-of-year sentence ranging
between a 25-40 year minimum or a life-without-parole sentence on juvenile
offenders charged with first-degree murder. Trial courts previously could only
impose a life-without-parole sentence for the charge. The U.S. Supreme Court
gave trial courts the option to choose which sentence to impose.
According
to the U.S. Supreme Court, however, only juvenile offenders who are
"irreparably corrupt" and forever incapable of change and rehabilitation
can receive a life-without-parole sentence. The high court also added that
sentencing juveniles to life without parole must become a "rare" and
"uncommon" practice only appropriate in "exceptional
circumstances."
Of
the 200+ juvenile lifers who have been resentenced statewide 93% of them have
received a term-of-year sentence. The vast majority have received sentences of
time served or an average 30-year minimum sentence. None of the juvenile lifers
who have been released have reoffended and they have a zero percent recidivism
rate.
Nearly
nine years after the U.S. Court decision, however, 150 Michigan juvenile lifers
still await a review of their case for consideration of a new sentence,
including Efrén.
The
primary reason for the sentencing delays in these cases is that prosecutors
across the state insisted on ignoring the 2012 U.S. Supreme Court ruling and
pursued life-without-parole sentences against these individuals again. Doing so
required counties to conduct costly mitigation hearings for each defendant.
There
has been no concern for the costs of each hearing by prosecutors, however,
because taxpayers are being made to pay for attorneys, expert witnesses, and
related court costs in nearly each case.
THE
REHABILITATION FACTOR
It is
important to examine the issue of rehabilitation in Efrén's case closely
because it is the singular most important factor a trial court judge must
consider when determining whether a juvenile offender is a candidate to receive
a life-without-parole or term-of-year sentence.
During
oral arguments held in Efrén's case on January 15, 2021, retired Berrien County
prosecutor Michael Sepic presented a convoluted claim about rehabilitation.
Early on he stated that there was "no way to determine" if Efrén had
been rehabilitated from what caused him to commit the crime he was convicted of
because he asserts his constitutional right to maintain his innocence.
Sepic
later stated that Efrén's accomplishments during incarceration "bode well
for him." Inherent in this statement is an acknowledgement that Efrén has
the capacity to learn, grow, and change.
However,
blinded by his rage to punish, Sepic contradicted himself only minutes later by
making the patently false statement to the judge that there is "absolutely
no [evidence of] rehabilitation" during Efrén's incarceration.
In a
recent published Michigan Court of Appeals (MCOA) ruling decided January 21,
2021, the Court stated that the trial court abused its discretion when
upholding the life-without-parole sentence of a juvenile lifer after conducting
his mitigation hearing.
According
to the MCOA, the trial court "fail[ed] to consider whether the defendant
'was and would remain wholly incapable of rehabilitation for THE REMAINDER OF
HIS LIFE[.]'" (emphasis added) (quoting People v. Garay, 320 Mich. App.
29, 49 (2017)). (People v. Bennett, 2021 Mich. App. LEXIS 472, *9).
The
MCOA added, "'Irreparable corruption,' [i.e., forever having no capacity
for change] is the ONLY ground [the U.S. Supreme Court] specifically identified
for imposing a life-without-parole sentence [for a juvenile offender]. See
Miller [v. Alabama], 567 U.S. at 479." (emphasis added) (People v.
Bennett, at *10)
Sepic's
claims about Efrén's capacity for change and rehabilitation collapse in light
of the recent MCOA ruling which clearly defined rehabilitation when applied to
juvenile lifer cases.
The
MCOA stated, "'rehabilitation' involves the successful completion of
vocational, education, or counseling programs designed to enable a prisoner to
lead a useful life, free of crime, when released." (People v. Bennett, at
*19).
When
applied to Efrén he has fulfilled every facet of this definition. He has not
only successfully completed "vocational, education, OR counseling
programs," he has completed them all a multiplicity of times.
According
to Bureau of Justice Statistics 95% of offenders plead guilty to crimes in
exchange for reduced charges and more lenient sentences. All plea agreements
are negotiated through prosecutors' offices, including violent crimes such as
homicide, sex offenses, etc.
Sepic
made the brazenly dishonest argument that Efrén hasn't demonstrated evidence of
change and rehabilitation, but he never made that same argument in the
thousands of other cases he rushed through the criminal justice system in the
interest of saving time and money during his checkered time in office.
The
vast majority of defendants Sepic has negotiated plea agreements with over the
years never produced evidence of rehabilitation before he negotiated reduced
charges with them, but he facilitated their ability to be sentenced anyway.
Most defendants were adults at the time they committed their crimes.
Plea
agreements are negotiated between the time of a person's arrest and when they
are sentenced when most of them are in jail. In jail there are no
rehabilitative programs available and generally people are sentenced within
months of their arrest.
Sepic
also argued that Efrén exercising his constitutional right to maintain his
innocence for nearly 32 years is a reason he has not been rehabilitated. During
the court hearing he attacked Efrén for invoking his constitutional right to
not admit guilt by characterizing him using degrading language.
According
to the Michigan Supreme Court, "[A] court cannot base its sentence EVEN IN
PART on defendant's refusal to admit guilt." (emphasis added) (People v.
Hatchett, 477 Mich. 1061 (2009); People v. Jackson, 474 Mich. 996 (2006).
The
Michigan Supreme Court has also stated, "It is a violation of due process
to punish a person for asserting a protected statutory or constitutional
right." (People v. Ryan, 451 Mich. 30, 35 (1996)).
During
Efrén's January 15, 2021, court hearing Sepic asked the judge to dismiss
testimony Efrén previously provided in court about encountering difficulty
growing up Brown in America, and having been called epithets during his
childhood because of his Mexican-American heritage.
Sepic
claimed that the experiences never occurred without presenting a single witness
or shred of evidence to refute Efrén's testimony. In a brief he submitted to
the court on December 22, 2021, Sepic stated even if Efrén did experience
"the racial stuff that was going on" it didn't "interfere with
his brain development and maturity."
Rather
than condemn the racist acts, Sepic chose to condemn Efrén instead. Sepic's
mindset and racially offensive statement is part of the reason that he and
fellow prosecutors have created a culture of disparate and unfair treatment
resulting in 70% of Michigan juveniles sentenced to life without parole being
children of color.
INTELLECTUAL
DISHONESTY & UNFOUNDED ARGUMENTS
During
the January 15, 2021 hearing Sepic wildly ignored advancements in brain
science, adolescent development research, reason, and common sense. He claimed
that Efrén had an 18-year-old brain when he was 15, and that he also has the
same "charisma, intelligence, and personality" today he had when he
was 15. Both claims were untethered to reality and had no basis in fact.
He
also cited examples of normal human behavior that have occurred during Efrén's
incarceration (e.g., getting married, becoming a father, using the Internet,
etc.) as reasons he is incapable of rehabilitation.
Another
illogical argument Sepic made as evidence that Efrén has not been rehabilitated
is that he invited citizens to exercise their First Amendment right to send
letters to his judge -- an elected official -- expressing support that Efrén
receive a term-of-year sentence rather than life-without-parole.
Sepic
made this argument despite his own personal efforts to coordinate a campaign to
recruit citizens in 2008 and 2009 to write letters to the Parole Board and
Governor opposing Efrén's release.
Dozens
of emails sent from and to Sepic during that time were obtained via the Freedom
of Information Act. In one email dated Wednesday, September 10, 2008, 2:28 PM,
Sepic sent to several people he wrote:
"My
intention in providing [you information about the Paredes case] ... is to have
a base of information. Please advise anyone that writes a letter ... to [use]
their own words so we don't get letters looking alike. ... I'd rather not have
it look like we're orchestrating this."
There
is also evidence that Sepic proofread and provided feedback to several letters
written by citizens who he asked to write to the Parole Board. One person Sepic
asked to write a letter emailed him a draft copy of her letter on Wednesday,
October 29, 2008, 3:31 PM, and asked him, "Let me know if you think I
should change anything [i]n it?"
Sepic
responded to her question via email minutes after receiving it at 3:58 PM
stating, "That is exactly what I had in mind and to the point. ... Thank
you very much for doing this, I truly appreciate it." In this instance he
approved a letter knowing it contained false and misleading information.
Sepic's actions were tantamount to colluding to provide false information to
public officials.
(The
names of citizens Sepic contacted or contacted him via email regarding Efrén's
case are being withheld to protect their privacy.)
These
baseless and unhinged arguments were merely distractions offered up by Sepic as
a disinformation campaign to avoid addressing the heart of what the U.S.
Supreme Court stated in Miller v. Alabama -- that only juvenile offenders who
are "irreparably corrupt" and forever incapable of change and
rehabilitation can receive life-without-parole sentences.
EVIDENCE
OF EFREN'S REHABILITATION ROOTED IN REALITY
During
his court hearing Efrén's attorney Stuart Friedman stated, "actions speak
louder than words." He went on to say that Efrén is the things he has
repeatedly done for the past three decades, which includes a raft of positive
accomplishments to better himself.
Today
Efrén is a husband, father, and humanitarian. He is also a sought after speaker
who has spoken on several university campuses, radio stations, podcasts, TV
news programs, and participated on panels via phone at events across the nation
speaking about criminal justice reform, improving race relations, and other
issues.
An
examination of Efrén's institutional history, personal life, and benevolence
track his maturation as he has evolved into a compassionate, responsible,
thoughtful human being. He has developed a profound appreciation for the
sanctity of life and inherent dignity in others. Several witnesses testified at
Efrén's October 6-7, 2020 mitigation hearing about this and a number of support
letters were submitted to the court as further evidence.
Efrén
has also helped enrich the lives of others inside and outside of prison. He has
used the knowledge and skills he has acquired to assist both incarcerated peers
and citizens in society use critical thinking, emotional intelligence, and
conflict resolution to empower themselves to become better human beings and
sound consequential thinkers.
According
to Efrén, "I have learned that every person has the innate capacity to
learn, grow, and change. 'Life is ever unfolding, continually renewing and
redesigning the intricate pieces of our character.' (Iyanla Vanzant). No one is
defined by their worst mistake or best choice in life. We are a culmination of
our decisions and lived experiences. Everyone is a work in progress, no one
remains frozen in time."
A
prison Warden and 30-year employee of the Michigan Department of Corrections
(MDOC) wrote a letter of commendation for placement in Efrén's institutional
file stating in part, "[Y]ou have not only served as the chairman of the
Warden's Forum for four terms ... you have also led the forum in a direction of
positive change and helped to maximize communication between the administration
and other prisoners."
He
added, "[T]he attitude that you display, and the manner in which you carry
yourself, is an excellent example to other prisoners as you demonstrate that it
is possible to be positive and productive even within a correctional
setting."
A
retired 20-year corrections officer with the MDOC and former U.S. Marine also
wrote a support letter on Efrén's behalf stating, "As a corrections
professional for several years, and having interacted with numerous prisoners
during my employment with the MDOC, it is my opinion that Efrén Paredes, Jr.
poses no threat to society and deserves to be released. ... I believe he is an
excellent candidate for release from prison."
These
individuals are career professionals with decades of corrections experience who
have had the opportunity to spend time closely monitoring Efrén's behavior and
associations. They are far more credible than Sepic at evaluating Efrén's
character and risk for being safely returned to society.
Additional
testimonials about Efrén's character and conduct by current and former MDOC
staff and volunteers who have closely monitored and interacted with Efrén
during the past three decades of his incarceration will appear in an upcoming
installation in this series.
During
his incarceration Efrén has participated in numerous rehabilitative programs,
participated in a campaign to help a middle-school attain its charter
authorization in the Los Angeles Unified School District, become a Literary
Braille Transcriber certified by the U.S. Library of Congress, and accomplished
myriad other things.
And
he has managed to do them all living under the enormous stress of struggling to
survive daily and navigating a minefield of moral decay behind bars. Prison is
a dysfunctional environment teeming with social toxins which devalue life,
progression, and are designed to extinguish the human spirit.
According
to a recent brief filed in court on Efrén's behalf, "During the past
eleven years Efrén has benefited from receiving over 130 counseling sessions
interfacing with psychologists and social workers through the Outpatient Mental
Health Program to help him manage depression. Half of all citizens will
experience a mental health issue in their lives, but only 13% will seek
professional help. Efrén's willingness to seek help reflects his ability to
recognize personal struggles and address them in a responsible way."
While
participating in therapy Efrén has received certificates for completing several
classes including Grief and Loss, Healthy Boundaries, Thinking Errors,
Meditation, Stress Management, Character Development, and Anger Management.
These classes have helped him cultivate greater empathy, insight development,
and self-awareness.
In an
August 4, 1989 psychological evaluation report prepared by Dr. Stephen C. Cook
after evaluating Efrén, the psychiatrist stated, "[T]his offense is not
part of a repetitive pattern of offenses which would lead to the determination
that [Efrén] may be beyond rehabilitation under existing juvenile programs and
statutory procedures[.]" In other words, the psychiatrist determined Efrén
was not incapable of change or rehabilitation.
If
Efrén were truly a violent, irredeemable person he would have exhibited a
pattern of violent life-course persistent behavior while in prison. Not only
does this pattern not exist in Efrén's incarceration history, his life behind
bars has been the complete inversion of this. Though stabbings, robberies, and
other assaultive and predatory behavior (including murder) are a recurring part
of ordinary prison life, they have been glaringly absent in Efrén's behavior.
Contrary
to popular belief prisons do not stop or prevent violence. They are an
apparatus that fosters a culture of violence and serve as incubators to
proliferate it. The only thing that prevents prisoners from exhibiting violent
behavior is their conscious choice to repeatedly reject the impulse of violence
and criminal thinking in all its manifestations.
Though
some incarcerated people will arrive at this thinking aided by their
participation in available prison rehabilitative programming, incarcerated
people serving life without parole sentences can only rely on themselves when
pursuing the enterprise of learning because of the paucity of programming
opportunities available to them.
It
would be impossible for Efrén to have read countless educational books,
completed numerous rehabilitative classes, and done many other positive things
with his life if he did not possess the capacity to learn, grow, and change.
The fact that he has participated in every rehabilitative program available to
him at every prison he has been housed alone is evidence of rehabilitation.
Efrén
has perpetually sought to evolve because he made the conscious choice to do so
on his own, not because he was forced to. He was originally sentenced to die in
prison and had no incentive to become a better person.
During
his incarceration Efrén has openly condemned crime and violence, and dedicated
considerable time to fostering nonviolence through his numerous writings,
interviews, and speeches at various events. He has also done so through
facilitating classes in prison about conflict resolution, impulse control, and
insight development.
In a
letter addressed to Sepic dated July 10, 2020, Efrén wrote:
"If
released one day, I will offer decades of skills and experience I have
developed helping transform lives inside and outside of prison to your office,
law enforcement, and to the citizens of the county to help prevent crime and
promote improved race relations."
He
also stated:
"My
heart breaks for each person who has been a victim or survivor of crime and I
pray for their healing. Not a day goes by that I don't think about the profound
anguish, sorrow, and incalculable loss the Tetzlaff family has endured. No one
deserves to have their life cut short or their world upended because of the
pernicious actions of another human being."
At
his October 7, 2020 court hearing Efrén spoke directly to the victim's family
in the courtroom from the witness stand. He emotionally expressed being deeply
sorry for their tragic loss and was in the process of sharing additional
thoughts reflecting compassion and empathy before being interrupted by Sepic
objecting to this moment of humanity in the courtroom.
Further
evidence of Efrén's growth and maturity also appeared in his July 10, 2020
letter to Sepic when he wrote:
"As
a 47-year-old husband and parent, someone who has had family members and
friends victimized by violence, met and spoken to non-family crime victims and
survivors, and a person who has engaged in decades of introspective work, I
empathize with the visceral pain and suffering of people feel who have been
impacted by violence."
* * *
"During
my incarceration I have participated in numerous programs afforded to me and
come to learn about the devastating impact that crime has on victims, first
responders, and the community at large. I have also created programs that have
helped people become problem solvers, sound consequential thinkers, and agents
of healing."
Any parent
or person who has worked with children knows that kids change. It is a natural
part of life. We were all teenagers ourselves once and none of us are the same
person we were as adolescents. Even as adults we perpetually change.
According
to behavioral experts no evidence exists that personality ever ceases to change
during a person's lifetime. (Avshalom Caspi & Brent W. Roberts,
"Personality Development Across the Life Course," 12 Psychol. Inquiry
49, 51 (2001)).
Evidence
also exists that personality traits change gradually and systematically
throughout the life span, sometimes more after age 30 than before. (Sanjay
Srivastava et al., "Development of Personality in Early and Middle
Adulthood," 84 J. Personality & Soc. Psychol. 1041, 1051 (2003)).
The
evidence that Efrén is not irreparably corrupt, permanently incorrigible, or
forever incapable of change or rehabilitation is abundantly clear. An objective
data-driven, evidence-based objective review of Efrén's life during the past 32
years makes it clear he is not deserving of a life without-parole-sentence.
According
to the U.S. Supreme Court, juvenile offenders like Efrén who have decades of
documented and established evidence of capacity for change and rehabilitation
must receive a term-of-year sentence. A life-without-parole sentence in that
instance would be unconstitutional and subject to being reversed and vacated by
an appellate court.
A
ruling by the Berrien County Trial Court about whether Efrén will receive a
term-of-year or life-without-parole sentence is expected in March.
The
next installment of this series will feature a collection of citations from
U.S. Supreme Court, Michigan Supreme Court, and other relevant court opinions
stating which juvenile offenders are not candidates to receive life-without-parole
sentences in their own words.
Source: http://facebook.com/Free.Efren
