It has been a tough week for kids in the Idaho Courts. A day after the Supreme Court affirmed the waiver of a 12 year old with an IQ of 75 into adult court, State v. Doe (see blog below), the Court of Appeals affirms a fixed life sentence for a 16 year old in a second degree murder case.
State v. Windom http://www.isc.idaho.gov/opinions/Windom,%20Ethan.pdf
Ethan Windom beat his mother to death during a psychotic episode. Both the state's expert and the defense expert agreed that Ethan had been misdiagnosed as suffering from anxiety and depression, "but rather was a paranoid schizophrenic who had suffered a psychotic break shortly before killing his mother. Both doctors agreed that if he had been properly diagnosed and treated, Windom would be a good candidate for rehabilitation and probation."
The Court of Appeal nevertheless upheld the sentence stating "that the nature of the offense, standing alone, may be so severe and egregious so as to support the imposition of a determinate life sentence. Accordingly, we are constrained to affirm the imposition of a determinate life sentence."
The COA's unfortunate conclusion is based upon dicta in State v. Cope, 142 Idaho 492, 129 P.3d 1241 (2006). That case, however, is not apposite because there was substantial evidence in Cope to show a lack of rehabilitative potential. Cope was 43, had a long criminal history and his own expert testified that Cope, even if he were to be fully compliance with his medication regimen, would still be a threat to others. Here even the state's expert (Dr. Estess! - need I say more?) agreed Ethan had rehabilitative potential.
Subscribe to:
Post Comments (Atom)
Ethan Windom should spend the rest of his natural life in maximum security. With everything Judy did to help him. He terrorized her in her own home prior to this happening. She was afraid of him, even to ask to take out the trash. He does not belong in society. He abused his medications before what makes us think he will not now.
ReplyDeletehe didn't abuse his medications, he seeked
ReplyDeleteout professional mental help. He also sought medical help, a brain scan, an MRI.He knew something wasn't right with his mind,and he tried to get help. Remarkable responsibility for a 16 year old child. Sadly he was misdiagnosed, and was prescribed medication for anxiety and depression, exactly the wrong medication for his condition. He told the psyciatrist it wasn't working, Dr. Ashye only increased his dosage. The night of Judy's death Ethan ( in an attempt to control his impulses ) took more of his medication than prescribed.All along Ethan sought help and relief. He didn't know what was wrong with himself, now he does...now we do