Jun 26, 2014
Jun 20, 2014
Jun 11, 2014
May 29, 2014
Convicted as NH teen killers, court hearing considers sentences
Only Dingman, who was convicted with his younger brother of murdering their parents in their Rochester home in 1996, and Soto appeared at the hour-long hearing. Soto is the youngest and most recently convicted defendant seeking a resentencing hearing. He was convicted of accomplice to first-degree murder in the 2007 shooting death of Aaron Kar in Manchester.
The U.S. Supreme Court ruled on June 25, 2012, in Miller v. Alabama that automatic life without parole sentences for juvenile murderers are unconstitutional because the sentences violate the Eighth Amendment’s guarantee against cruel and unusual punishment.
“If we apply the rule to one person on collateral review, it has to be applied to everyone else,” New Hampshire Public Defender Richard C. Guerriero argued.
Guerriero conceded under questioning by Smukler that the Supreme Court did not use the word “retroactive.”
“We don’t have any clear-cut authority one way or another and...this seems to fall a little bit in the middle,” the judge added. Smukler took the matter under advisement and said he would issue an order later. Should he rule retroactivity applies, the cases would proceed to individual sentencing hearings.
“Mr. Lopez is a perfect example of why the U.S. Supreme Court pointed out why children are different,” public defender Pamela K. Jones told the judge. His case exemplifies why the high court “anticipated there would be children amenable to rehabilitation and he would be on of those children,” Jones added.
“Lopez was sentenced as a child. He served 22 years of a life sentence” with no opportunity to present mitigating evidence of his capacity for reform, maturity, penchant for recklessness or other factors, Jones said.
To date, just one juvenile killer — Steven Spader, 21, — was deemed eligible for a resentencing hearing because his case still was pending direct appeal. Spader waived his right to appear at the hearing. He was sentenced April 26 to life without parole plus 76 years — the original sentence he receive for the 2009 slaying of a Mont Vernon mother and attempted murder of her daughter in their home.
READER COMMENTS: 0
- Man accused of burglarizing state police barracks garage claims his rights were violated - 0
- Marriott's parents to face killer at his sentencing next month - 0
- Second arrest made in Portsmouth store robberies - 0
- Probable cause hearings set for pair facing series of drug charges - 0
- Arrested school construction employees back at work in Unity - 0
- Dover man questioned regarding Maine double murder - 0
- 132-mph street racers blow by trooper in Nashua, one of two arrested; motorcyclist arrested on I-93 doing 107 mph - 0
- Police say Manchester woman arrested for punching ex-boyfriend during custody exchange in Walmart parking lot - 1
- Man arrested in two Portsmouth robberies - 0
READER COMMENTS: 0
- Portsmouth teen accused in DWI crash waives hearing - 0
- Posting of recent standoff has Free Keene bloggers taking heat - 0
- Seeking to upend Hobby Lobby court ruling, federal legislation crafted - 0
- Firefighters rescue five 'lucky ducks' in Londonderry - 0
- Abortion clinic buffer put on hold after court ruling - 1
- FairPoint union members to meet and talk strike - 0
- Mount Washington College to close 2 campuses - 0
- State Police Marine Patrol IDs Duncan Lake drowning victim - 0
- Celtics obtain another top pick - 0
Police say Manchester woman arrested for punching ex-boyfriend during custody exchange in Walmart parking lot
Bikers say under-30 generation isn't interested, and can't afford many of the top motorcycles
Praising freedom: While curtailing it
Ban fireworks? Get serious
GOP criticizes Shaheen flip flop on gas tax
- Mass. Supreme Judicial Court has found upskirt photos taken on a subway aren't illegal. Should such voyeurism be a crime?
- Total Votes: 917