Miami Herald

Dade prosecutor­s fight to keep man with schizophre­nia locked up for 150 years

- BY CAMELLIA BURRIS cburris@miamiheral­d.com Camellia Burris: @Camellia_elaine

State prosecutor­s said in court Thursday that they support keeping in place a 150-year prison sentence for a man convicted of possessing child pornograph­y while he was homeless and suffering from years of untreated schizophre­nia.

The highly unusual sentence was 129 years longer than what prosecutor­s recommende­d. They had originally offered a three-year sentence if he would plead guilty. He wouldn’t, and the state increased the number of charges, increasing the potential maximum sentence.

Judge William Altfield is considerin­g reducing the sentence for Jared Stephens, 32, who was convicted in 2018. A previous judge, Veronica Diaz, gave Stephens the de facto life sentence despite prosecutor­s asking for 21 years.

Stephens’ defense lawyers say the sentence is unjust because Stephens suffers from mental illness and needs treatment, adding that 150 years is far out of line with sentences given to similar offenders.

The crime itself was an irrational act. Stephens pulled a laptop from his backpack, declared ”Look, I have child pornograph­y!” then sat down on the floor of a Best Buy in Sweetwater, perusing it as shoppers milled about. In court during the original proceeding­s, he made absurd claims, including that he could shut off the electricit­y to Russia with the power of his mind.

Stephens, who has been incarcerat­ed at Charlotte Correction­al Institutio­n, appeared for the first time in person before Judge Altfield on Thursday as the court heard arguments for his motion to reduce his sentence. Altfield had previously declined to rule on the motion, insisting that he wanted to meet with Stephens before making his decision.

Stephens stood beside his attorney, Fan Li, as Altfield greeted him and spoke to him briefly before arguments began.

Assistant State Attorney Katherine Moore began her arguments by making it clear that the state supports the 150-year sentence and opposes any disturbanc­e of the ruling. At a hearing on Jan. 6, Moore admitted she was

“taken aback” by the original sentence. On Thursday, she requested that the court review several exhibits from the trial, including Stephens’ laptop computer, before ruling on the motion.

In response to the state’s objection to reducing the sentence, Altfield noted that the state had previously agreed to extend the time frame to negotiate a resolution.

Moore responded by saying that Chief Assistant State Attorney Stephen Talpins is no longer open to negotiatin­g because Stephens had previously been uncooperat­ive, indicating he was unwilling to undergo mental-health evaluation­s.

“But he is now,” Judge Altfield responded.

Stephens was recently evaluated by a psychologi­st and that evaluation will soon be available for the court’s review, Stephens’ defense informed the court.

Stephens’ competency has repeatedly been at issue during previous court proceeding­s. He was declared incompeten­t at the start of his trial in

2017 and evaluation­s from that proceeding show he suffers from schizophre­nia.

Defense counsel asked for an off-the-record sidebar, which lasted for about 15 minutes.

Once back on the record, Altfield determined that he would hold off on making a ruling until after the exhibits and mentalheal­th evaluation have been reviewed.

The State Attorney’s Office did not respond to requests for comments.

A status conference is scheduled for Feb. 14.

 ?? CAMELLIA BURRIS cburris@miamiheral­d.com ?? Jared Stephens appears in court Thursday. He is fighting a de facto life sentence for possession of child pornograph­y.
CAMELLIA BURRIS cburris@miamiheral­d.com Jared Stephens appears in court Thursday. He is fighting a de facto life sentence for possession of child pornograph­y.

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