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

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I just read all three threads again. *sigh*

I'm eager for this trial to start, there are so many unanswered questions. I hope the families are hanging in there.
 
Trial is set for February.

Gonzalez last year pleaded not guilty to murder with a special allegation of lying in wait, kidnapping, forcible rape, lewd acts with a child younger than 14 and sexual penetration with an instrument, according to court documents. He faces life in prison without the possibility of parole if convicted, Santa Cruz County District Attorney Jeff Rosell has said.
Gonzalez waived his right to a preliminary hearing in February. He is due in court Feb. 8, 2017 to confirm a trial on Feb. 21, according to court records.

Larry Biggam, Gonzalez’ public defender, said this week that he expects the trial to take place in February rather than be delayed.

http://www.santacruzsentinel.com/article/NE/20160727/NEWS/160729600
 
Jan 20th:

SANTA CRUZ — There is uncertainty whether the public will have access to the trial of Adrian Jerry Gonzalez, who was 15 when he was arrested on suspicion of killing 8-year-old Madyson Jordan Middleton in Santa Cruz in 2015.

The passage of Proposition 57 nullified “direct-file” cases, such as Gonzalez’s, and returned the cases to juvenile courts, according to the Santa Cruz County District Attorney’s Office. Juvenile cases are closed to the press and public and the proposition directs a juvenile court judge to determine whether children can be tried as adults.

full article: http://www.mercurynews.com/2017/01/20/santa-cruz-madyson-middleton-murder-trial-upended-by-new-law/
 
Dang it. It seems to always be the case with trial delays. I guess we ought to always take it with a grain of salt when a trial date is ever announced.

And yes, Adrian should be tried as an adult. What he did was not a youthful mistake. He is the kind of broken that can't be fixed. Lock him up. For life.
 
This is one of the first cases I followed when I joined here. I hope he is tried as an adult.
 
Don't you think in the case of a younger perpetrator it hurts them to stall? By the time it gets to jury, they will look like a full man. They lose any chance of a jury feeling bad for the "child" who murdered.
 
mpnola said:
Don't you think in the case of a younger perpetrator it hurts them to stall? By the time it gets to jury, they will look like a full man. They lose any chance of a jury feeling bad for the "child" who murdered.
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That could be part of the prosecution strategy. It also can open the door to appeals of any conviction. I'm not implying that either of those options is good or bad, it's just the sad reality of the legal system. I would not be surprised to see an eventual plea deal. It's extremely difficult to convince a 12 person jury to convict a young person (unless they are hardened gang members). imho
 
travelbug said:
That could be part of the prosecution strategy. It also can open the door to appeals of any conviction. I'm not implying that either of those options is good or bad, it's just the sad reality of the legal system. I would not be surprised to see an eventual plea deal. It's extremely difficult to convince a 12 person jury to convict a young person (unless they are hardened gang members). imho
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Oh I think her trial is going to change each of them forever and be happy to lock him up. It is usually the defense that stalls... is it prosecution this time?

Sent from my SCH-I435 using Tapatalk
 
mpnola said:
Oh I think her trial is going to change each of them forever and be happy to lock him up. It is usually the defense that stalls... is it prosecution this time?

Sent from my SCH-I435 using Tapatalk
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I was looking into proposition 57 to answer your question on who could possibly be stalling.

It looks like proposition 57 was voted in by the people of California in the Nov. 8th 2016 election. But the article below states that "[FONT=&quot]California Proposition 57: Parole for Non-Violent Criminals and Juvenile Court Trial Requirements (2016)"

[/FONT]https://ballotpedia.org/California_Proposition_57,_Parole_for_Non-Violent_Criminals_and_Juvenile_Court_Trial_Requirements_(2016)

Initially, I was confused why prop. 57 applied to the Madyson Middleton case because it was an extremely violent crime.

But taking a second look at the article above, prop. 57 has two parts. See below. I italicized the two parts.
"A "yes" vote supported increasing parole and good behavior opportunities for felons convicted of nonviolent crimes and allowing judges, not prosecutors, to decide whether to try certain juveniles as adults in court."

The second part bolded is what effected Madyson's case.

I'd like see how this was displayed on the ballot, because the title makes it seem like both parts are for non violent crimes only. Instead of clarifying 1) parole opportunities for non violent crimes 2) Juvenile judges, not prosecutors, decide to try all juveniles violent or non violent crimes as adults or juveniles.

I think Adrian will eventually be tried as an adult but justice for Madyson will be severely delayed since this was just voted in and there are now hundreds of cases judges need to review to determine how each juvenile will be tried.
 
Super interesting!!!! Thanks for researching that!
 
We should remember SCOTUS ruled in Miller vs. Alabama, June 2012, that mandatory LWOP is unconstitutional. But notice, there is a ruling within it that on an individual basis, it is indeed allowed.

Mandatory Life Without Parole Sentences are Unconstitutional for Juveniles
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This ruling does not prevent states from imposing life sentences without the possibility of parole for homicide cases, only that a defendant’s age must be considered in making the sentencing determination.
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http://www.ncsl.org/research/civil-...-v-alabama-mandatory-life-without-parole.aspx

Note the word, "mandatory." And there's a workaround.

The case for LWOP is usually accomplished by stating aggravating factors within the specific case. Obviously, the onus would be on the prosecution to present those factors and to convince a jury that LWOP is appropriate. So a life sentence is certainly possible here.
 
msphilosopher said:
I was looking into proposition 57 to answer your question on who could possibly be stalling.

It looks like proposition 57 was voted in by the people of California in the Nov. 8th 2016 election. But the article below states that "[FONT="]California Proposition 57: Parole for Non-Violent Criminals and Juvenile Court Trial Requirements (2016)"

[/FONT]https://ballotpedia.org/California_Proposition_57,_Parole_for_Non-Violent_Criminals_and_Juvenile_Court_Trial_Requirements_(2016)

Initially, I was confused why prop. 57 applied to the Madyson Middleton case because it was an extremely violent crime.

But taking a second look at the article above, prop. 57 has two parts. See below. I italicized the two parts.
"A "yes" vote supported increasing parole and good behavior opportunities for felons convicted of nonviolent crimes and allowing judges, not prosecutors, to decide whether to try certain juveniles as adults in court."

The second part bolded is what effected Madyson's case.

I'd like see how this was displayed on the ballot, because the title makes it seem like both parts are for non violent crimes only. Instead of clarifying 1) parole opportunities for non violent crimes 2) Juvenile judges, not prosecutors, decide to try all juveniles violent or non violent crimes as adults or juveniles.

I think Adrian will eventually be tried as an adult but justice for Madyson will be severely delayed since this was just voted in and there are now hundreds of cases judges need to review to determine how each juvenile will be tried.
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It boils down to the Supreme Court ruling on overcrowding in California prisons. I'm sure though he'll still be tried as an adult for such a violent murder.

https://calmatters.org/proposition/proposition-57/

Background:

Four decades ago, Gov. Jerry Brown embraced tough-on-crime laws that filled the state’s prisons. The overcrowding led the U.S. Supreme Court to rule the state must reduce its prison population and improve medical care to inmates. California has moved lower-level prison felons to county jails, and voters approved measures to limit the state’s three-strikes sentencing law and reduce some felonies to misdemeanors. But, prison overcrowding and high costs continue to plague California.

What would it do?

Prop. 57 would increase the number of nonviolent inmates eligible for parole consideration and enable more inmates to earn credits for good behavior. It also lets judges decide whether to try a juvenile as an adult, likely resulting in fewer young offenders being placed in the adult system.
 
A.J. Gonzalez hearing underway to determine whether teen is suitable for adult court

http://www.santacruzsentinel.com/general-news/20170822/aj-gonzalez-hearing-underway-to-determine-whether-teen-is-suitable-for-adult-court

Assistant District Attorney Rafael Vazquez described the boy’s familiar composure — “calm, poised, friendly, helpful and sincere while playing with his yo-yo around the Tannery property, high-fiving friends, talking to residents, police officers, FBI agents” — as investigators gathered evidence shortly after what the prosecution called a calculated attack at the complex where both lived.

That ability to keep his composure, Vazquez argued, is among the reasons A.J., now 17, should be tried for the homicide as an adult with the potential for life-long consequences.

The transfer hearing, which started Tuesday and will last up to two weeks, will determine whether A.J. is tried as a child with the chance to be rehabilitated and released or tried as an adult.
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The transfer hearing is still ongoing.

Maddy: Child angel of Santa Cruz Facebook Page is providing some daily updates.

http://www.santacruzsentinel.com/article/NE/20170901/NEWS/170909925

Testimony has included a witness from Stanford University who said A.J. has autism spectrum disorder.

The defense has argued that A.J.’s childhood trauma, neglect and psychological underdevelopment makes him a suitable candidate for the reforms available in the juvenile system. A.J. has communicated suicidal threats, according to testimony.

The prosecution has argued that the act was a planned attack of someone with psychosexual disorders that must be addressed by adult detention programs on a long-term scale.
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http://www.sfchronicle.com/crime/article/Teen-accused-of-Santa-Cruz-girl-s-murder-seeks-12178261.php

In arguing that Gonzalez doesn’t belong in adult court, the defense is calling several child psychiatrists and psychologists to the stand. One of them, Steven Capasso, a supervisor at the county’s children mental health center, testified Wednesday that Gonzalez has Asperger’s syndrome, one of the traits of which is difficulty with social interactions.

Capasso cited Gonzalez’s reaction to his mother on the day he was arrested.

“She was just crying, just crying like a baby,” Capasso said. “He just stood there.”

He said he has met with Gonzalez once a week in the past two years, and that the teenager had been depressed and cut himself before the killing.
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JusticeWillBeServed said:
The transfer hearing is still ongoing.

Maddy: Child angel of Santa Cruz Facebook Page is providing some daily updates.

http://www.santacruzsentinel.com/article/NE/20170901/NEWS/170909925



http://www.sfchronicle.com/crime/article/Teen-accused-of-Santa-Cruz-girl-s-murder-seeks-12178261.php
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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:

Madyson was “wedged inside a garbage can and stabbed in the neck by another person,” according to Middleton’s death certificate. Sheriff’s Lt. Kelly Kent said Madyson was not strangled, but died from positional asphyxiation because of the way her body was placed in the recycling bin near her home.

The results of the autopsy were confirmed Thursday with the coroner ruling the death a homicide.
...
There were some warning signs about Gonzalez’ behavior, including the alleged abuse of his own dog about three years ago. Earlier this year, a parent at Santa Cruz High also told Gonzalez to stay away from her daughter after Gonzalez followed the girl and waited for her outside a private piano lesson.

Rosell said this week that he could not discuss an ongoing investigation into Gonzalez, whom police said also could be linked to a November shooting threat at Santa Cruz High School. Gonzalez was in ninth grade at the school.
...
Police and prosecutors said Gonzalez lured Madyson to his family’s apartment, raped and attacked her, then brought her downstairs and stuffed her under cardboard in the bin.

Gonzalez was nearby when authorities found Madyson and was immediately arrested with his mother shrieking and struggling with police. Gonzalez had participated in the search and even pestered searchers and authorities for updates.
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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/
 
This is one of the first cases I followed here. He should be put away for life. So disgusting.
 
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