Santa Fe New Mexican

High court upholds long sentence in child rape case

- By Andrew Oxford

The state Supreme Court on Friday upheld a 91½-year prison term for a man sentenced as a teenager for repeatedly raping a younger relative.

In a case that turned into a test of New Mexico’s laws on sentencing juveniles, Joel Ira had asked the state’s highest-ranking judges to throw out his sentence, arguing it was unconstitu­tional. He pointed to U.S. Supreme Court decisions banning prison terms that provide no meaningful chance at freedom for juveniles convicted of a crime that does not involve homicide.

But, the court said, with good behavior in prison, Ira would be eligible for parole at the age of 62.

“Certainly the fact that Ira will serve almost 46 years before he is given an opportunit­y to obtain release is the outer limit of what is constituti­onally acceptable,” Justice Edward Chávez wrote for a majority of the court.

If Ira did not have the opportunit­y to reduce his sentence with good behavior, Chávez said, the court might have viewed the case differentl­y. But as it stood, he said, Ira could not be considered as having a sentence of life without the possibilit­y of parole.

Now 37, Ira was 15 when he was sentenced to prison for sexually abusing the child over the course of about two years, when she was between the ages of 8 and 10.

He had pleaded no contest in 1997 to 13 counts, including 10 counts of first-degree criminal sexual penetratio­n, aggravated battery and intimidati­on of a witness. He was accused of choking the girl until she passed out and threatenin­g to kill her if she spoke to anyone about the crimes.

Experts told a judge when Ira was sentenced that he had no conscience and that the extensive treatment he would need to be rehabilita­ted did not exist in New Mexico, according to court documents.

But Gary Mitchell, the lawyer representi­ng Ira, argued studies have shown that men’s brains aren’t fully developed until the age of 25 (slightly younger for women), and that the state cannot give children lengthy sentences without hope that they might someday be released.

Some states have interprete­d “life” as not just “biological survival,” the court said, but in terms of what opportunit­y an inmate might have to truly reenter society and have a meaningful existence outside prison.

The court said, too, that the state Legislatur­e could adopt laws like those in Nevada, which allows a juvenile offender a shot at parole after serving 15 years behind bars if the crime did not include the death of a victim.

Chief Justice Judith Nakamura wrote a separate opinion, joined by Justice Petra Jimenez Maes, that provided graphic details of the repeated torment Ira’s victim suffered at his hands. His case is markedly different from that of a juvenile accused of one impulsive criminal act, she said.

Ira’s case would not fall under U.S. Supreme Court rulings on life without parole for juveniles, Nakamura said, because he was not sentenced to life without parole for a single offense; rather, he received several consecutiv­e sentences for separate crimes.

Mitchell said Friday the court’s opinion was “one of the harshest decisions ever reached by any supreme court in the United States.”

“We’re deciding a child at age 14 can be found to be so reprehensi­ble, we give up on him,” he said.

Mitchell added that he plans to appeal to the U.S. Supreme Court.

 ??  ?? Joel Ira
Joel Ira

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