Miami Herald (Sunday)

He was homeless and mentally ill. A judge sentenced him to 150 years. Is that justice?

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There’s no argument: Jared Stephens committed a crime, and he deserved some form of punishment. We’re not suggesting that child pornograph­y isn’t an evil act. Possessing it is a crime for good reason.

But the fight now in Florida courts to reduce the 150-year prison term Stephens received is about more than laws and sentences. It’s about how how our judicial system treats defendants with serious mental illness. The question is whether the 32-year-old man diagnosed with schizophre­nia — who talked in court about shutting off electricit­y in Russia with his mind — should spend the rest of his life in prison.

Stephens is a former Arizona State University wrestler who became homeless after suffering from untreated schizophre­nia for years. In 2016, he walked into a Sweetwater Best Buy and snatched a laptop and other merchandis­e. When employees confronted him, he pulled out his own laptop, declaring,

”Look, I have child pornograph­y!” He began publicly showing his computer screen, lying down between two sets of sliding doors and perusing the illegal images as customers walked by.

His de facto life sentence appears outside of the norm.

The Herald reported that between 2000 and 2017, people sent to prison for possession of child pornograph­y in MiamiDade County received a median term of three years; about onethird of defendants didn’t go to prison.This is based on data from the Florida Department of

Correction­s that Stephens’ defense submitted in court.

Stephens could have gotten those three years, plus required treatment, had he accepted a plea deal from prosecutor­s on one count of child-porn possession — a charge that seems to fit the crime better, based on what we know. Stephens wasn’t accused of producing or distributi­ng the pornograph­ic material.

He opted instead to go to trial, a decision his lawyers say was the result of his mental illness. The State Attorney’s Office then upped the charges to 30 counts, based on a forensic analysis that found his computer contained a cache of illegal images. The state asked asked for a 21-year sentence.

Still, that’s not even close to the off-the-charts 150 years handed down by Miami-Dade Circuit Judge Veronica Diaz with “a minimum of public explanatio­n,” the Herald reported. Diaz applied the maximum sentence allowed under law.

FEW OPTIONS

Stephens’ defense has exhausted all avenues of appeal, the Herald reported. His only recourse is the possibilit­y of a sentence reduction as the case goes before a different and, perhaps, more pragmatic, judge, Miami-Dade Circuit Judge William Altfield. A hearing is scheduled for March 1. A psychologi­cal evaluation Stephens’ defense submitted in court this month states he’s unlikely to re-offend.

“I want a sentence that’s just and I want it as soon as possible,” Stephens’ lawyer Fan Li, who took over the case from the op-ed by Michael Rosenberg, “Miami-Dade shelter is drowning in cats and dogs. The Pets’ Trust is the obvious solution,” is not a feasible or realistic solution. The Pets’ Trust has been around for more than a decade and has only been used as a funding mechanism for political campaigns, with no significan­t contributi­on to funding spay-neuter services, wellness care or pet rescues.

Miami-Dade County Animal Services continues to prioritize pet adoption, spay-neuter programs and public education. The Humane Society, the many local rescues, and private veterinari­an clinics are working together to

Opinion content from syndicated sources may be trimmed from the original length to fit available space. address the shortage and provide care.

– Cindy Lerner,

Pinecrest

MAKES NO SENSE

I am in shock that Gov. DeSantis is trying to make it easier for people to carry concealed guns without a permit. This is just the opposite of what he should be doing. I wonder how much the National Rifle Associatio­n is contributi­ng to his campaign fund for him to support such an inhumane law.

How many of his constituen­ts are in favor of this?

Police officers and the public will be at risk if this passes. There are just too

BOB MCFARLIN

public defender’s office, told the Herald Editorial Board. “I know too many cases like this get punted down the road.”

It’s hard not to wonder what Stephens’ fate would have been were he not homeless, mentally ill; if his family had been in court and not thousands of miles away in Michigan, where they didn’t even know that he had been arrested; if Stephens weren’t Black, factors that historical­ly have put defendants at a disadvanta­ge.

LACK OF TREATMENT

In a perfect world, Stephens would’ve received treatment for his mental illness. He would have never become homeless or walked into that Best Buy. But virtually every day, people like him are arrested. Miami-Dade County spends $232 million a year to warehouse people with mental illness in jail, according to data from the Miami-Dade County Department of Correction­s and Rehabilita­tion.

Stephens’ case might have flown under the radar were it not for Diaz’s egregious sentence.

Because of his schizophre­nia, he refused to talk or cooperate with his lawyers during the trial, so they did not know about his traumatic past, how he saw his two younger brothers die in an apartment fire as a child. Once a promising college athlete and student, Stephens’ mental health began deteriorat­ing in his early 20s. He dropped out of Arizona State University and disappeare­d from his family’s life until he wrote a letter to his mother telling her about his sentence. His attorneys presented the new informatio­n to Diaz, but she refused to change his sentence.

With the question of the sentence now before Altfield, state prosecutor­s said at a Feb. 2 hearing that they supported keeping the century-and-a-half sentence in place because Stephens had been uncooperat­ive and unwilling to undergo mental-health evaluation­s. (That rigid mindset remains despite an assistant state attorney admany angry people out there to let this happen.

– Morey Moss, Miami

WHOSE CHOICE?

Florida House Bill 1 (HB1) is moving through the state Legislatur­e with little conversati­on about the costs for expanding voucher programs. The estimated cost over the next five years is $4 billion, and legislator­s have yet to address the cry from homeschool­ers. Further, there has been no informatio­n on where Tallahasse­e will find the funds.

Long-standing efforts to privatize all Florida education under the guise of choice continues the quest to bankrupt public school districts. A major issue in

ALEX MENA

mitting at a previous hearing she was “taken aback” by the sentence, the Herald reported.)

And that’s a mighty curious change in stance by the State Attorney’s Office: from three years in the plea to 21 years during the trial to 150 years today. State Attorney’s Office spokesman Ed Griffith told the Herald Editorial Board that a plea agreement always offers defendants less prison time.

SECOND OPINION

Stephens’ defense did convince him to undergo a a “psychosexu­al evaluation and risk assessment” by a forensic psychologi­st. The Feb. 3 report concluded that he is “97% likely to never have another arrest for any child pornograph­y or handson offense” and that his behavior at Best Buy was a result of schizophre­nia.

Griffith said prosecutor­s were evaluating the report. Reaching an agreement on a sentence reduction is a “possibilit­y,” but prosecutor­s might ask for a second expert opinion. Griffith also said the state must consider public safety before coming to a compromise with his defense. He pointed out that mental illness and competency — legal terms used to determine if someone is capable of participat­ing in legal proceeding­s — often get convoluted. A person can the bill is parents being able to replace their private school tuition costs with state funds.

In Arizona, the expansion of vouchers mostly helped the wealthy use public funds to pay for their children’s private schooling.

Vouchers try to help less economical­ly able families. However, HB1 shows no restrictio­ns and little accountabi­lity.

When Gov. DeSantis signs HB1, another bill should be proposed to make consistent funding and accountabi­lity a reality for any school that takes state money, regardless of a parent’s choice of school.

– George L. Ellis, Miami

DANA BANKER

have a mental disorder and still be deemed competent, he said.

“Child pornograph­y is one of the great concerns of our society right now,” Griffith said. “You have to take public safety into considerat­ion.”

There’s no doubt that public safety is a concern. But where were those concerns when the three-year plea deal was on the table?

If Stephens’ sentence is reduced, the question then becomes what will happen to him. Sending Stephens back into society with no help or resources would almost guarantee that he enters the street-to-jail pipeline that traps so many people with mental illness.

There is an impending alternativ­e. The 208-bed Miami Center for Mental Health and Recovery will treat people with mental illness before and after they get arrested. It is scheduled to open later this year.

There are no easy solutions for how our judicial system should treat people like Stephens. But does the lack of a perfect solution mean Stephens should be locked up for the rest of his life? We’re not oblivious to the fact that his plight is not a popular cause. People should be held accountabl­e for their crimes, but sentencing him to life behind bars smacks of punishment unfairly applied.

IT WAS A LAW

According to the Herald’s Feb. 20 “On This Date” column, “In 1907, President Theodore Roosevelt signed an immigratio­n act which excluded ‘idiots, imbeciles, feeblemind­ed persons, epileptics, insane persons’ from being admitted to the United States.”

Considerin­g that they’re all now in the White House, Congress, bureaucrat­ic branches and major news networks, it seems that President Roosevelt didn’t take his act far enough.

– Larry Solomon,

West Kendall

GLOOMY STATE

As with many people from up North, Florida has been a second home to my family. I served in an

Army Reserve Unit in Miami in 1968. My parents had lived in South Florida for more than 30 years; my brother and his family now live in Fort Lauderdale. Unfortunat­ely, the state I often ventured to for fun and enjoyment has grown divisive and hateful.

As a professor of psychology, I have studied the origins of evil and four factors come together: binary thinking (us vs. them); power over behavior; limiting of informatio­n; and simple solutions to complex problems.

I join Florida’s students in condemning Gov. DeSantis’ efforts to foster divisivene­ss. He has brought darkness to the Sunshine State. His policies meet all the criteria for fostering evil.

– Evan Longin,

Salem, MA

NANCY ANCRUM

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 ?? ?? Jared Stephens, diagnosed with years of untreated schizophre­nia, is fighting a de facto life sentence for possession of child pornograph­y — a far greater sentence than typical for his crimes.
Jared Stephens, diagnosed with years of untreated schizophre­nia, is fighting a de facto life sentence for possession of child pornograph­y — a far greater sentence than typical for his crimes.
 ?? ?? GENERAL MANAGER
GENERAL MANAGER

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