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Supreme Court hears Youngstown man's appeal of lengthy juvy sentence
By Marc Kovac
COLUMBUS
A Youngstown man sentenced to more than a century behind bars for rape and kidnapping has asked the Ohio Supreme Court to overturn his sentence.
Legal counsel for Brandon Moore told justices Wednesday that the lengthy sentence, handed down for crimes committed as a teenager, amounted to life imprisonment and was unconstitutional.
“He’s not asking that he get out tomorrow or even be guaranteed release,” said Attorney Rachel Bloomekatz. “But a new sentence that he’s given has to give him some sort of meaningful opportunity” for release.
Prosecutors countered that a co-defendant in the case, convicted on comparable charges, also received a lengthy sentence that has been upheld on appeal.
Moore was sentenced to prison for the robbery, kidnapping and rape of a 22-year-old female Youngstown State University student in August 2001, according to documents.
Moore and others kidnapped the woman as she arrived to work a midnight shift at a group home for disabled women. He and another man then raped her repeatedly.
Moore initially received a 141-year sentence for the crimes, but the duration was shortened to 112 years on appeal, according to documents.
Moore continued to appeal the sentence, asserting that it was unconstitutional to hand down life sentences to juveniles for crimes other than murder. His legal counsel cited a U.S. Supreme Court decision.
According to documents, “Brandon is currently serving a 112-year sentence for non-homicide offenses he committed when he was only 15 years old. ... He undoubtedly will die in prison. ... Brandon deserves to serve a significant sentence for the horrible crimes he committed, and if he does not demonstrate maturation and rehabilitation, he may indeed deserve to spend the rest of his life in prison. ... But the state cannot make that determination at the outset and deny Brandon his constitutionally protected ‘meaningful opportunity’ to obtain release.”
Prosecutors said in documents that Moore had a fair trial, his “guilt is undeniable,” and the U.S. Supreme Court decision cited “did not extend to juvenile offenders that were sentenced to multiple, consecutive fixed-term sentences.”
“The U.S. Supreme Court was strictly and only speaking to a life sentence, a direct life sentence, not an aggregate sentence,” said Assistant Mahoning County Prosecutor Ralph Rivera. “Individually, every offense that Moore was convicted of, he has an opportunity for release.”
Justice Judith Ann Lanzinger questioned comments made by the trial judge indicating an intent to imprison Moore for life.
“That’s basically what this judge said to this juvenile who had not committed a homicide,” she said. “... This was a sentence designed to keep the juvenile in custody for his natural life, and the question is [does the U.S. Supreme Court] prohibit that under these circumstances?”
Justices are considering the case and will release their decision at a later date.