The issue came up again five years later. This time the current successor judge, Muskegon County Circuit Judge Timothy G. Hicks, opted not to veto Spytma's parole, instead allowing the issue to go to the public hearing stage.
That May 1 hearing eventually led to the parole board's decision to free Spytma.
That May 1 hearing eventually led to the parole board's decision to free Spytma.
In a written opinion, Hicks called his decision not to halt the parole process "among the most difficult decisions I have ever been asked to make as a circuit judge." He said he met with the victim's children and reviewed photos of the crime scene, and he agreed that the circumstances of the crime called for a veto.
But other circumstances, Hicks wrote, caused him to decide otherwise. Among them:
- Spytma, the judge wrote, accepts responsibility for what he did and shows appropriate remorse.
- Spytma's prison record is "very good."
- The U.S. Supreme Court in 2012 held that mandatory life-without-parole sentences for juveniles were unconstitutional because "the teenage brain is different," a principle Hicks took into account, although that ruling didn't directly apply to Spytma's case.
- Spytma has a home and job waiting for him more than 100 miles from Muskegon County.
- Many judges in the 1980s, when Sptyma was resentenced, expected "lifers" to be eligible for parole after about 15 to 20 years.
- Saxton, who was at least equally culpable, has been out of prison since 1986 and off parole since 1990.
Comments:
umguy 22 minutes ago
"What part of breaking and entering does a 15 year old not know is wrong?
What part of ransacking a home and stealing property does a 15 year old not know is wrong?
What part of hitting a woman in the back of the head while she is running for her life does a 15 year old not know is wrong?
What part of blind folding and raping her does a 15 year old not know is wrong?
What part of smashing her head with a bottle and bat does a 15 year old not know is wrong?
What part of writing on her nude body does a 15 year old not know is wrong?
What part of slitting her wrists does a 15 year old not know is wrong?"
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