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| Lawyer Decries Fla. Juvenile System |
| By Associated Press |
| Published: 11/25/2002 |
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Last year, Marc Shiner prosecuted a 14-year-old boy accused of murder and secured a 28-year prison sentence. Now, he is arguing another murder case involving a child defendant - this time, as attorney for the defense. Shiner says he switched sides to fight what he calls Florida's flawed criminal justice system - one that goes strictly by the book in sentencing juveniles, without regard for what drove them to crime or how they might be rehabilitated. 'How can we play God with children's lives? And why should we be in that business to put away kids forever?' he asked. 'We don't know. We're just gambling. And that's a gamble I don't want to be betting on.' Shiner, 40, said his current case - his first murder trial since he became a defense attorney in private practice - underlines his point. Sixteen-year-old Eulalia Miguel is accused of suffocating her newborn baby by stuffing a wad of toilet paper into the infant's mouth. If convicted, she will be sentenced to life in prison without chance of parole. Miguel, who speaks no English, recently moved to Florida from a remote Guatemalan village. She did not even know she was pregnant, and gave birth secretly in an apartment she shared with her brothers, Shiner said. The girl's age and name are uncertain. She apparently speaks a rare, unwritten Mayan dialect, making it difficult for authorities to take statements from her. Shiner said she is so unfamiliar with life in the United States that she did not know how to use a prison water fountain. Applying the law strictly in Miguel's case, Shiner argues, would be myopic. 'Something's wrong with that picture,' Shiner said. 'I'm not saying some kids don't deserve to be locked up. But the question is for how long and do we just throw away the key and forget about it? It seems a little barbaric.' Shiner is using Miguel's case to argue for changes such as giving judges more leeway in deciding juvenile sentences. He also wants a parole board of judges, attorneys and psychologists to evaluate child convicts and determine when they are ready for release. Shiner, who spent 12 years as a Palm Beach County assistant state attorney, said he had decided to become a defense attorney even before prosecuting Nathaniel Brazill, who was 13 when he shot his favorite teacher in a school hallway. But last year's trial solidified his views on reforming the system, and he decided to make it his last as a prosecutor. While Shiner argued for a life sentence for Brazill, even the attorney for the defense said he could tell his opponent's heart wasn't entirely in it. 'I never believed for a second that Marc believed that Nathaniel was the cold-blooded killer he was describing in court,' said Robert Udell. Shiner now says Florida laws that required a minimum 25-year prison sentence for Brazill's second-degree murder conviction are too arbitrary. Brazill will leave prison when his 28-year sentence is complete with no evaluation of whether he has been rehabilitated. 'What happens if Nathaniel Brazill deserved life in prison, like I argued? What if he gets out of prison and kills again?' Shiner said. 'But then again, five years from now, this 13-year-old is going to be a man. He may not be dangerous anymore.' |
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