Milwaukee Journal Sentinel

Mom’s killer might go free; daughter discusses ruling

Supreme Court nixed mandatory life sentences for juveniles

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On a spring day in 1994, a retired German couple who’d traveled to California to see their daughter were sightseein­g in the San Jacinto Mountains when they were robbed and shot by three young men. Gisela Pfleger, 64, died in the attack. Her husband, 62year-old Klaus, was severely injured.

One of the assailants pleaded guilty and was sentenced to 25 years to life. The two others received life with no chance for release, and the Pfleger family believed justice had been done.

Then a U.S. Supreme Court ruling changed things.

Almost two years ago, the high court issued a decision that made more than 2,000 inmates serving life without parole for crimes committed as juveniles eligible for possible resentenci­ng and release. In that ruling and others, the court said that mandatory life-without-parole sentences are unconstitu­tionally cruel and unusual for offenders under 18 and that all but the rare irredeemab­le offender should have a chance at parole.

The justices pointed to brain science research that finds teens lack impulse control and might engage in reckless behavior without fully understand­ing the consequenc­es.

While inmates and their supporters have celebrated this opportunit­y, the decision has revived painful memories for victims’ families. Some have already returned to court to face those who killed their loved ones and to oppose their release.

Thongxay Nilakout, who at 17 was the gunman in the Pflegers’ shooting, is among those getting a chance at freedom. Birte Pfleger, the couple’s daughter, plans to testify against him at his resentenci­ng hearing, likely to take place this year.

Pfleger, a history professor at California State University, Los Angeles, contacted the Associated Press after reading its coverage of the Supreme Court ruling and its aftermath and shared her story of a loved one left behind to pick up the pieces. Here is two excerpts of an essay she wrote for the AP, Nilakout’s public defender declined to comment.

❚ The effect of the crime on her family.

“My father lives with the scars of the events every day of his life, both literally and figurative­ly. It still amazes me that he managed to get help after being shot twice in the face and once in the back. He got into his car, drove down the hill and found someone with a mobile phone — still pretty unusual in 1994. Surgeons saved his life and his ability to eat and speak … but to this day the lower left side of his jaw is numb, he drools when he eats, drinks or speaks and always carries a cloth napkin to wipe his mouth.

“More than his physical injuries, his soul has never recovered from losing his wife of nearly 30 years — from watching how she was shot, unable to help her. For more than 20 years, he has been asking himself why. Today, my father is 85 years old, lonelier than ever. He still misses his wife, and he has no answers. My sister and I lost our mom when we were in our 20s. We both celebrated our weddings and the birth of our children without her. My two young children do not have a grandmothe­r. My 5-year-old daughter was named after the grandmothe­r she will never know. My 7-year-old son often asks me about her and why she died. I don’t know what to say. How do you explain to a child that his grandmothe­r was murdered?”

❚ On previously testifying against parole.

“In 2010 … I spoke at a hearing against granting parole (for offender Xou Yang). I had that same gutwrenchi­ng feeling, almost numbness, profound sadness, desperatio­n, and helplessne­ss that I felt for years after my mother’s death.

 ?? REED SAXON/AP ?? “Some people argue that juveniles make stupid mistakes and that they deserve a second chance. I agree. But when is the crime too horrendous to count as a mistake?” asks Birte Pfleger, whose mother was killed and father severely wounded in a robbery.
REED SAXON/AP “Some people argue that juveniles make stupid mistakes and that they deserve a second chance. I agree. But when is the crime too horrendous to count as a mistake?” asks Birte Pfleger, whose mother was killed and father severely wounded in a robbery.
 ??  ?? Gisela Pfleger was murdered while sightseein­g in the San Jacinto Mountains in 1994. Her husband, Klaus, was severely wounded by the teenage assailants. BIRTE PFLEGER VIA AP
Gisela Pfleger was murdered while sightseein­g in the San Jacinto Mountains in 1994. Her husband, Klaus, was severely wounded by the teenage assailants. BIRTE PFLEGER VIA AP

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