GUILTY CA - Madyson Middleton, 8, Santa Cruz, 26 July 2015 - #3 *Arrest*

[borndem]

Thanks JusticeWillBeServed! I'm having a hard time working up sympathy for Gonzalez. His violent history IMO is a predictor of a violent adulthood and I'm hard-pressed to think that psychologists can reverse his behavior in a 6-year period through the Juvenile Justice System. Wishful thinking on Steven Capasso's part IMO. Pie in the Sky.

A refresher:

BBM. He's charged with murder, forcible rape, lewd acts with a child younger than 14 and rape by instrument. Middleton was tied up, beaten, raped and dumped in the bin. Is he really a good candidate for rehabilitation?

http://www.mercurynews.com/2015/08/...middleton-was-asphyxiated-stabbed-to-death-2/

No, no, and no. There was planning and a kind of laying a trap. He had obviously thought about this thing and he did his best to get rid of the evidence, namely little Maddy. Not buyin' it. He was young, yes. He had a tuff home situation, okay. I'm not so sure about the autism/asperger aspect, either -- I'm not very familiar the various aspects of autism, let me add. One article mentioned that one asperger symptom was that they have difficulty with social interactions -- I understand that and have seen it, and it is difficult for those affected by it. But in this case, he invited her into his home -- not vice versa, so I'm not sold on that for him. jmho

 

[MsMarple]

No word yet on whether AG will be tried as an adult. The hearing has been ongoing.

From 9/15/2017:

The hearing, before Santa Cruz County Superior Court Judge John Salazar, finished its fourth week Thursday with Dr. Anlee Kuo, a psychiatrist from San Francisco, discussing A.J.’s complex psychological history. That history is dominated by childhood trauma, some witnesses have testified.
...
“We have pretty much concluded our case, which went into the social history, his chronic trauma and some developmental delays like ADHD and autism,” attorney Larry Biggam said of his teenage client. “We are not suggesting he should walk free. We are suggesting that he should be punished in a safe environment where he can get treatment and services but also one that will promote public safety upon his eventual release.”
...
The prosecution, led by District Attorney Jeff Rosell and Assistant District Attorney Rafael Vazquez, has drawn testimony discussing the possibility that A.J. has psychopathic disorders that are complex and will take more time that juvenile courts can address.

http://www.santacruzsentinel.com/ge...ccused-child-killer-hearing-enters-fifth-week

From 9/21/2017:

“On one occasion, he lost points for manipulating staff,” Buesing said. She also said A.J. is capable of identifying vulnerable staff members.

A.J. had expectations that he would not have to be tried in an adult court, Buesing said.

[Probation Assistant Division Director ]Buesing said he was “confident, excited, looking forward to (the possibility of remaining in juvenile custody).”
...
Biggam has said his client deserves the chance to be rehabilitated in the juvenile system. Defense witnesses have testified that A.J. was diagnosed with autism, attention-deficit/hyperactivity disorder and depression after a troubled childhood.

Assistant District Attorney Rafael Vazquez, during opening statements, said the homicide was a calculated attack.

http://www.santacruzsentinel.com/ge...stioned-prosecutors-say-teen-is-sophisticated

From 9/29/2017 and here, for me anyway, is the crux of the issue:

Madyson was stabbed and forced in a small trash can, in which she suffocated, according to testimony Tuesday in Santa Cruz County Superior Court. She was not bound nor beaten to death.

Shortly after the child’s body was found in a recycling dumpster at the Tannery Arts Center, A.J., 17, made a confession including statements that the attack lasted a half hour.
...
A.J. is accused of luring Madyson with ice cream, attacking and choking her from behind before attacking her.
...
Madyson died of positional asphyxiation after she was placed in a kitchen trash can. She was breathing when she was raped, according to testimony. The child was dead by the time she was placed in a large bin, a recycling dumpster, in a garage at the Tannery.

Sexual Assault Response Team Coordinator Sheree Goldman, who also testified Tuesday, was part of a team that examined Madyson’s body in July 2015. Goldman cried when she recalled the examination.
...
The 4-foot, roughly 50-pound, child was skinny for her age, Goldman said. The child died after being folded in the kitchen garbage can in a “jack-knife” position, Goldman said under questioning by Assistant District Attorney Rafael Vazquez.

Madyson was not developed, Goldman said as she showed a diagram of the child’s injured reproductive organs. The injuries include the possibility that the child was on her back when she was raped.

http://www.santacruzsentinel.com/ge...placed-in-recycling-dumpster-pathologist-says

IMO nothing, be it depression, autism, neglect, social issues, whatever, can explain or excuse AG deliberately luring Madyson to his apartment where he viciously attacked and raped her then disposed of her like trash. When he saw that she was still alive instead of calling for help he stabbed her to make sure his crime would not be exposed.

IMO in a case of a teen deliberately assaulting a child and murdering him/her in an attempt to avoid being caught there is less to do with an "immature" brain that does not understand consequences and more to do with a calculating predator that has little chance of altering their personality in a 6-year time frame.

And finally, this:

Details from the Santa Cruz Police Department's investigation are shocking. Madyson's last hour of life was unimaginable torture, according to court documents.
She was last seen alive while playing in the courtyard of the apartment complex.

Prosecutors said Gonzalez lured the young girl into his apartment with ice cream, tied her up, beat her, raped her, and put her in a bag. When he realized she was still alive because she was moaning, he stabbed her in the neck, according to a confession he made to police.

Also in the confession, the teen allegedly told a detective that he was sexually aroused when he thought the girl was dead -- and that was the moment he sexually assaulted her.

http://www.sfgate.com/news/article/Accused-killer-of-Madyson-Middleton-could-get-12230026.php

My bolding. I rest my case.

 

[borndem]

Thanks, MsMarple -- Excellent post.

That would make a good, solid closing argument in a trial for any adult. He definitely was in command of knowing right from wrong, laying a trap, luring her, cruelty and sexual deviancy. Those are not the thoughts of a juvenile, IMO. It shows a lot of savvy, thought, calculation, and planning. This was no spur-of-the-moment childhood "prank."

 

[AmyPond]

He is truly a disturbed individual and if he is ever allowed out...I have no doubt he will kill again. People like that cannot be changed.

 

[Tealgrove]

Oh Boy, I hope they do the right thing here.

He should NEVER walk amongst us again. IMO he is a dangerous predator and will rape and kill again if given the opportunity.

Very scary what could unfold here.

MOO

 

[mrsobrien]

Oh Boy, I hope they do the right thing here.

He should NEVER walk amongst us again. IMO he is a dangerous predator and will rape and kill again if given the opportunity.

Very scary what could unfold here.

MOO

Agree. I don't want him among us...

 

[Lilibet]

Agree. I don't want him among us...

I agree. I just don’t see rehabilitation working. He needs to stay locked up, although I’ll be surprised if he gets a LWOP sentence. I feel the same way about Gabe Gaeta in WA. Two beautiful little girls won’t grow up because of these two.

 

[TeaTime]

Mentally ill, neglected and abused child kills another child. Sad on so many levels. Do we throw him away as he did to Maddy? Is there no hope at rehabilitation? Do we take that chance and risk someone else's child? Sad, sad, sad.

But, I think if we must err, we must err on the side of caution. We know what he is capable of doing and we can not say for 100% certainty that he will never do this again. So, I am afraid I would have to try him as an adult and let the jury sentence him to LWOP. Horrifying indeed but it is the only way we can guarantee that he won't kill another innocent child. And we owe it to society to keep known, dangerous people from living among us.

It hurts my heart.

 

[mrsobrien]

Mentally ill, neglected and abused child kills another child. Sad on so many levels. Do we throw him away as he did to Maddy? Is there no hope at rehabilitation? Do we take that chance and risk someone else's child? Sad, sad, sad.

But, I think if we must err, we must err on the side of caution. We know what he is capable of doing and we can not say for 100% certainty that he will never do this again. So, I am afraid I would have to try him as an adult and let the jury sentence him to LWOP. Horrifying indeed but it is the only way we can guarantee that he won't kill another innocent child. And we owe it to society to keep known, dangerous people from living among us.

It hurts my heart.

It breaks my heart... I hate this case more than most... I have kids their age. I can't imagine. :-/

 

[Tealgrove]

Just some thoughts here.

I know of people who have been abused and had difficult childhoods and they didn't go out and rape, and beat, and murder a little girl.

I know several people with different forms of autism and they don't go around raping, beating and murdering little girls.

Difficult childhoods, autism, life issues are not excuse for raping and murdering a child.

In addition to all his "issues" there is a deviant component to his make up - no different than all the other rapists and murderers out there.

He should be tried as an adult for what he did to Maddie.

MOO

 

[kaen]

If I recall correctly, Todd Kohlhepp perpetrated crimes in his youth that were violent and sexual violence motivated. One as to wonder what the time in juvenile lock up will do for AJ. Would it really help?

 

[cvaldez1975]

CYA is where he would end up and its gladiator school.

Mentally ill, neglected and abused child kills another child. Sad on so many levels. Do we throw him away as he did to Maddy? Is there no hope at rehabilitation? Do we take that chance and risk someone else's child? Sad, sad, sad.

But, I think if we must err, we must err on the side of caution. We know what he is capable of doing and we can not say for 100% certainty that he will never do this again. So, I am afraid I would have to try him as an adult and let the jury sentence him to LWOP. Horrifying indeed but it is the only way we can guarantee that he won't kill another innocent child. And we owe it to society to keep known, dangerous people from living among us.

It hurts my heart.

 

[JusticeWillBeServed]

Santa Cruz judge to rule on adult or juvenile trial for teen accused of killing 8-year-old girl

If Gonzalez, who turns 18 Friday, is tried as a juvenile, he would be eligible for release from a juvenile treatment and detention facility in less than about five years.

If tried as an adult, Gonzalez could face life imprisonment.

After a brief continuation Wednesday for rebuttals from each side, Santa Cruz County Superior Court Judge John Salazar will have one week to decide down which of those two roads Gonzalez will walk.

Assistant District Attorney Rafael Vazquez argued that Gonzalez showed an unprecedented degree of sophistication and barbarism.

“On July 26, 2015, the defendant A.J. Gonzalez fixated, premeditated, deliberated, sexually penetrated and mutilated the 8-year-old girl Maddy Middleton,” Vazquez said.

Vazquez argued that evidence indicating Gonzalez became sexually aroused after he believed Middleton to be dead together is particularly alarming, and said he believes Gonzalez to be beyond the reach of rehabilitation.

“We’re talking about pedophilia. We’re talking about necrophilia. We’re talking about lifelong disorders,” he said, adding that he believes the facts show Gonzalez did not show remorse at any point during the murder, rape and disposal of the body to which he reportedly confessed in an interview with investigators in 2015.

Motive behind Madyson Middleton murder described by defense

Defense attorney Larry Biggam did not deny that Gonzalez committed the shocking murder. That's possibly because the boy gave Santa Cruz Police Department detectives a lengthy confession, and surveillance cameras recorded the boy hiding the body, according to testimony and documents shown at the hearing.

Biggam instead focused on trying to prove that the boy can be rehabilitated in the juvenile justice system.

Biggam said Gonzalez just didn’t have the sophistication to plan out the crime. "He's not a super sleuth," he said.

Gonzalez is a socially awkward, shy, and suicidal boy, the defense team said. That, combined with the “stress of home life, school life and social life” led him to take someone else’s life, instead of his own, Biggam argued.

 

[perfectingpink]

He may not be a super sleuth, but he is a super bad and super deviate man.

 

[Tealgrove]

That's an interesting take on why he raped and killed Maddie. I don't think I've ever seen it put that way.

If I'm understanding this correctly, due to stress in life, instead of committing suicide, he chose to rape and kill a little girl. And because he was stressed and suicidal he should be rehabilitated. I am paraphrasing and I guess there is some sarcasm mixed in for good measure.

I'm no psychiatrist or a therapist so I can't really comment professionally. I therefore have a question for anyone with psychiatric knowledge. Is this a common way of acting out? Have you ever heard of this before or is this a lawyer throwing whatever he can at the wall to see what sticks?

I'm not buying it right now.

MOO

 

[borndem]

I agree. I just don’t see rehabilitation working. He needs to stay locked up, although I’ll be surprised if he gets a LWOP sentence. I feel the same way about Gabe Gaeta in WA. Two beautiful little girls won’t grow up because of these two.

The SCOTUS ruled that mandatory LWOP sentences for offenders who are less than 18 y/o at the time of the crime is unconstitutional. Each case must be weighed before a judge can give LWOP -- but this is a case that might qualify legally, IMO, that is unless the Asperger's becomes a factor. Who knoze?

[h=3]Supreme Court Rulings
[/h] Since 2005, Supreme Court rulings have accepted adolescent brain science and banned the use of capital punishment for juveniles, limited life without parole sentences to homicide offenders, banned the use of mandatory life without parole, and applied the decision retroactively. In 2012, the Court ruled that judges must consider the unique circumstances of each juvenile offender, banning mandatory sentences of life without parole for all juveniles; in 2016, this decision was made retroactive to those sentenced prior to 2012.

http://www.sentencingproject.org/publications/juvenile-life-without-parole/

 

[borndem]

Thanks for the articles, JusticeWBS -- I've been thinking on them...

Santa Cruz judge to rule on adult or juvenile trial for teen accused of killing 8-year-old girl


Motive behind Madyson Middleton murder described by defense

Defense attorney Larry Biggam did not deny that Gonzalez committed the shocking murder. That's possibly because the boy gave Santa Cruz Police Department detectives a lengthy confession, and surveillance cameras recorded the boy hiding the body, according to testimony and documents shown at the hearing.
Biggam instead focused on trying to prove that the boy can be rehabilitated in the juvenile justice system.
Biggam said Gonzalez just didn’t have the sophistication to plan out the crime. "He's not a super sleuth," he said.
Gonzalez is a socially awkward, shy, and suicidal boy, the defense team said. That, combined with the “stress of home life, school life and social life” led him to take someone else’s life, instead of his own, Biggam argued.

bbm

Okay, fine. What will happen when he flunks a couple of exams when he gets into high school? Or when some girl dumps him? Or when he fails his test to get his driver's license?

 

[JusticeWillBeServed]

http://www.ksbw.com/article/madyson-middleton-s-accused-killer-was-a-flea-on-a-hot-brick/13086348

Santa Cruz County Judge John Salazar announced his decision today that Adrian Gonzalez will go on trial as an adult.

http://www.santacruzsentinel.com/general-news/20171024/aj-gonzalez-to-stand-trial-in-adult-court

A Santa Cruz County Superior Court Judge John Salazar on Tuesday said A.J.’s lack of remorse and calm demeanor immediately after the killing was the most heinous reaction to an egregious crime he had ever seen in more than 26 years on the bench.

 

[Jinkasaurus]

Wow. I wonder if he will be given an plea options.

 

[cuffem]

Santa Cruz judge to rule on adult or juvenile trial for teen accused of killing 8-year-old girl





Motive behind Madyson Middleton murder described by defense

Boo freakin hoo!, HE is NOT the victim,Maddy is.