YORK, Neb. (AP) - A southeastern Nebraska judge is again contemplating when to schedule the resentencing of a man convicted of killing his 12-year-old sister when he was 14.
York County District Judge James Stecker is weighing whether to move ahead with the resentencing of 42-year-old Sydney Thieszen, or wait until the U.S. Supreme Court clarifies guidelines on the sentencing of juvenile killers, the Lincoln Journal Star reported (https://bit.ly/1brKN4z ).
In 1987, Thieszen bludgeoned and shot his adopted 12-year-old sister in their Henderson-area home. Prosecutors said he killed her because he was afraid she would tell police he was running away.
Thieszen was given the mandatory sentence of life in prison without the possibility of parole. Last year, Stecker ruled that Thieszen was entitled to resentencing following a 2012 U.S. Supreme Court ruling prohibiting mandatory life sentences for juveniles. Nebraska lawmakers have since passed legislation providing judges with the option of sentencing those younger than 18 who are convicted of first-degree murder to 40 years to life.
In December, Stecker sided with prosecutors to delay the sentencing until the U.S. Supreme Court ruled in a Louisiana case, which had been expected this spring and would have determined whether the 2012 decision applies to past cases.
But the Louisiana case settled in February before Supreme Court arguments could be made.
At a hearing Thursday, Thieszen’s attorney argued against waiting, saying prosecutors can always appeal if they don’t like the outcome of the resentencing.
“I don’t think we need to wait forever,” Jeff Pickens, with the Commission on Public Advocacy, said.
But prosecutors argued that the Supreme Court is expected to rule this fall or early next year on another juvenile life sentence that would clarify whether the 2012 ruling applies retroactively.
Assistant Nebraska Attorney General Corey O’Brien argued that it makes sense to wait on Thieszen’s resentencing, because if Thieszen is resentenced to less than life and the high court ultimately finds the 2012 ruling is not retroactive, there would be no way to undo his lesser sentence.
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Information from: Lincoln Journal Star, https://www.journalstar.com
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