Brandon Hein
Encyclopedia
Brandon Wade Hein was sentenced to life imprisonment
without possibility of parole for his involvement in the 1995 stabbing
murder of 16 year-old Jimmy Farris, the son of an LAPD
police officer.
Hein and two other youths who were present when the murder took place, as well as the actual killer, were convicted under the felony murder rule
because the murder was committed during the course of a felony
– the attempted robbery
of marijuana kept for sale by Farris's friend, Michael McLoren.
Under the felony murder rule, any participant in a felony is criminally responsible for any death that occurs during its commission. In 2009, Hein's life sentence was commuted
to 29 years to life.
A documentary film
called Reckless Indifference was made about the murder, trial and resulting prison sentences. Hein was the only defendant interviewed in the film and has received the bulk of media
attention, while equally heavy sentences were handed out to other defendants. His conviction has courted much controversy, as some feel that the life sentence was overly harsh and politically motivated, while others feel that his involvement justified the sentence.
in a pickup truck around Agoura Hills
, a suburban town in Los Angeles County, California
. Less than an hour before the stabbing, one of the five, Jason Holland, 18, grabbed a wallet from an unlocked vehicle in the parking lot of a public park, an act witnessed by the wallet's owner, a mother playing in the park with her children. Shortly thereafter, she recognized the truck and confronted the five, demanding and receiving her wallet back in the face of their threats and intimidation
. This theft and intimidation would be used to support the prosecution's contention that the five were still acting in concert at the time of the murder.
Looking for marijuana
, the five drove to the home of Michael McLoren, who was known to sell marijuana from a desk drawer in a ramshackle one-room "fort" in his backyard. A key factor in the murder trial would be whether the five intended to buy marijuana or to steal it. McLoren, 17, and his friend, Jimmy Farris, 16, were in the yard outside the fort when four of the five youths hopped the fence, with Micah Holland, 15, leading the way. Micah entered the fort and Anthony Miliotti, 17, physically the largest of the group, stood in the doorway. Their entry to the property would draw an additional charge of burglary
.
Jason Holland testified he was drunk and lagging behind the others and did not see how the argument between his brother Micah and McLoren started. As he entered, the two dropped their heads and started fighting. Brandon Hein, 18, jumped into the fight, as did Jason, who says he was trying to get the bigger McLoren off his brother Micah's back. Jason opened a folding pocketknife
and "pricked" McLoren twice in the back to get him off his brother, then stabbed him in the chest. When Farris entered the fort to help McLoren, Jason stabbed him twice and Hein punched him in the head and face. McLoren survived his wounds but Farris died in the emergency room. When Jason Holland learned from his mother that he was wanted for murder, he went into hiding but several weeks later voluntarily surrendered.
The following description of the fight and stabbing is from the "SUMMARY OF FACTS AND PROCEEDINGS" in the January 29, 2001 California Court of Appeal findings. Note that the term "appellants
" excludes Christopher Velardo, 17, owner of the pickup truck, who remained in the truck throughout the incident and was tried separately.
Micah Holland, 15, Brandon Hein, 18, and Anthony Miliotti, 17, as well as the actual killer Jason Holland, 18, were charged with burglary
, attempted robbery
, and murder
committed during the course of a burglary and an attempted robbery, and with attempted willful, deliberate, premeditated murder
of McLoren.
All four were charged with felony murder
because the murder was committed during the course of a felony
, the alleged attempted robbery of McLoren's marijuana.
California law allows felony murder charges to be "enhanced" by special circumstances if the murder is committed during the commission of certain other crimes, among them robbery and burglary. The special circumstances of robbery and burglary were both alleged in this case. Murders under special circumstances require the imposition of the death penalty
or life without possibility of parole
.
The case was heard in the Superior Court
of Los Angeles County in Malibu, California, with Judge Lawrence Mira
presiding.
The issue of the defendants' intent when entering the McLoren property and during the events at the fort was critical and hotly contested throughout the trial. The defendants said they had gone to the fort to buy, not steal, marijuana that day, so there was no burglary or attempted robbery. McLoren, testifying as a prosecution witness under promise of immunity from prosecution on drug charges, said there had been no prior arrangement for the sale of marijuana.
Testimony about the earlier wallet theft was introduced, with Judge Mira instructing the jury that it could be considered only to determine if it tended to show the criminal intent required for the offenses charged later that day.
The prosecution said that both incidents were alike, in that they were theft-type offenses involving group action and intimidating conduct by members of the group.
Extensive media coverage before the trial had suggested that the defendants were members of Gumbys, a local street gang.
In pre-trial proceedings, Judge Mira found that there was insufficient evidence that the defendants were gang members and ruled that any evidence of gang membership would be excluded. Notwithstanding this ruling, during cross-examination the prosecution twice asked Jason Holland about Gumbys, including asking him if he was a member. Judge Mira instructed the jury to ignore these questions. During closing arguments, the prosecution again strongly suggested the existence of gang activity. These suggestions of gang activity would be brought up in the defendants' later appeal
as prejudicial misconduct that deprived them of their right to a fair trial
.
Jason Holland admitted stabbing both McLoren and Farris.
On May 28, 1996 the jury found the four defendants guilty of burglary, attempted robbery, and murder committed during the course of a burglary and an attempted robbery, that is, felony murder
. In addition, Jason Holland was convicted of assault with a deadly weapon. The jury also found the allegations of special circumstances to be true, and found the murder, burglary and attempted robbery to be of the first degree.
Christopher Velardo pleaded guilty separately to voluntary manslaughter
and conspiracy to commit robbery and was sentenced to eleven years. Velardo was released from prison in 2000.
Director William Gazecki
made a documentary film called Reckless Indifference about the murder, trial and resulting prison sentences.
In his film, Gazecki argues that the defendants received an unfair trial and overly harsh sentences.
A bill by former California state senator Tom Hayden
to revise California's felony murder rule died in the Senate.
Actor Charles Grodin
wrote and directed a sympathetic play, The Prosecution of Brandon Hein.
In 2005 Gazecki was a guest speaker at California State University Los Angeles, where his film was shown to Soren Kerk's sociology
class with the question in mind, "What is Justice?"
wrote to Judge Mira recommending the maximum punishment for all four defendants: life in prison without the possibility of parole.
In an interview with Farris' parents his mother asks, ”How much is too much time for killing someone? For taking away and changing our lives completely, forever?”
of the convictions and sentences to the California Court of Appeal for the Second District charged prosecutors with misconduct and presenting inadmissible evidence, including alleging that the defendants belonged to the Gumbys street gang. Among other things, the appeal also alleged that it was improper to present the earlier wallet theft to the jury; that the prosecution engaged in egregious personal attacks on defense counsel; and that the verdicts were inconsistent. It further alleged juror misconduct, judicial bias, and faulty instructions to the jury.
Defending the sentences, Deputy District Attorney Victoria Bedrossian argued that while only Jason Holland wielded the knife, the defendants acted "in concert."
"Each appellant was a major participant who acted with reckless indifference to Jimmy Farris' life," Bedrossian said. "The sentences in this case do not offend fundamental notions of human dignity and the penalties in this case should not be changed."
On 29 January 2001 the California Court of Appeal ruled that "In order to warrant reversal, it must be determined that the alleged misconduct has prejudiced appellants’ right to a fair trial. In this case, the evidence against appellants was overwhelming." The Court affirmed the convictions and sentencing of Jason Holland, Brandon Hein and Micah Holland. The special circumstance finding against Anthony Miliotti, who stood and watched, was struck from the record and his crime reduced to second-degree murder, and his case sent back to the trial court for resentencing, resulting in a new sentence of nineteen years to life.
The California Supreme Court denied petitions for review on April 25, 2001.
Hein filed a petition for a writ of certiorari with the United States Supreme Court, which was denied on October 1, 2001.
A petition for a writ of habeas corpus with the California Supreme Court was filed on September 23, 2002, which was summarily denied on May 12, 2004.
in May and July 2004. The petitions raised identical, overlapping, and separate claims: Brady
violations, prosecutorial misconduct, ineffective assistance of counsel, improper exclusion or admission of evidence, juror misconduct, judicial misconduct, cruel and unusual punishment, and arbitrary and capricious sentence reduction. On April 3, 2007, the United States Magistrate Judge
assigned to the case filed a joint Report and Recommendation, recommending that the petitions be denied. All four appellants filed objections to the Magistrate's report, but the United States District Judge adopted the Report and Recommendation without modification. Each appellant then requested a Certificate of Appealability to the United States Court of Appeals for the Ninth Circuit
, which were all granted in whole or in part by the District Court. On January 17, 2008, the Ninth Circuit Court granted a motion to consolidate the appeals of the four appellants.
On October 7, 2009 the appeals were heard by a three-judge panel of the United States Court of Appeals for the Ninth Circuit. Attorneys for the four alleged false testimony by McLoren and misconduct
by the prosecution, including failure to disclose evidence favorable to the defense.
On April 12, 2010 the appeals were denied, with the court acknowledging some instances of prosecutorial misconduct but saying their combined effect, along with the nondisclosure of McLoren's immunity, was not sufficient to render the trial fundamentally unfair.
On May 26, 2010 attorneys for Hein, Miliotti, and Jason Holland filed a "Joint Petition for Rehearing En Banc
." Attorneys for Micah Holland filed a separate "Petition for Rehearing En Banc." In the petitions, the attorneys argue that the April 12 opinion by the three-judge panel "conflicts with a well-settled body of law within the Ninth Circuit," and that "En banc review is necessary to secure and maintain the uniformity of this Court’s decisions."
On July 16, 2010, the three-judge panel of the Ninth Circuit Court issued an order stating that "The full court has been advised of the petitions for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. The petitions for panel rehearing and the petitions for rehearing en banc are denied."
On November 15, 2010, attorneys for the four petitioners filed a petition for a writ of certiorari with the Supreme Court of the United States
. The petition was denied on April 18, 2011.
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
without possibility of parole for his involvement in the 1995 stabbing
Stabbing
A stabbing is penetration with a sharp or pointed object at close range. Stab connotes purposeful action, as by an assassin or murderer, but it is also possible to accidentally stab oneself or others.Stabbing differs from slashing or cutting in that the motion of the object used in a stabbing...
murder of 16 year-old Jimmy Farris, the son of an LAPD
Los Angeles Police Department
The Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...
police officer.
Hein and two other youths who were present when the murder took place, as well as the actual killer, were convicted under the felony murder rule
Felony murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
because the murder was committed during the course of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
– the attempted robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
of marijuana kept for sale by Farris's friend, Michael McLoren.
Under the felony murder rule, any participant in a felony is criminally responsible for any death that occurs during its commission. In 2009, Hein's life sentence was commuted
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
to 29 years to life.
A documentary film
Documentary film
Documentary films constitute a broad category of nonfictional motion pictures intended to document some aspect of reality, primarily for the purposes of instruction or maintaining a historical record...
called Reckless Indifference was made about the murder, trial and resulting prison sentences. Hein was the only defendant interviewed in the film and has received the bulk of media
Mass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...
attention, while equally heavy sentences were handed out to other defendants. His conviction has courted much controversy, as some feel that the life sentence was overly harsh and politically motivated, while others feel that his involvement justified the sentence.
Fistfight and murder
On May 22, 1995, five youths ranging in age from 15 to 18 were drinking alcohol and cruisingCruising (driving)
Cruising is a social activity that primarily consists of driving a car. Cruising can be an expression of the perceived freedom of possessing a driver's license. Cruising is distinguished from regular driving by the social and recreational nature of the activity, which characterized by an...
in a pickup truck around Agoura Hills
Agoura Hills, California
Agoura Hills is a city in Los Angeles County, California, and has the ZIP code 91301. The population was 20,330 at the 2010 census, down from 20,537 at the 2000 census. It is located in the eastern Conejo Valley between the Simi Hills and the Santa Monica Mountains. This city on the Ventura...
, a suburban town in Los Angeles County, California
Los Angeles County, California
Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
. Less than an hour before the stabbing, one of the five, Jason Holland, 18, grabbed a wallet from an unlocked vehicle in the parking lot of a public park, an act witnessed by the wallet's owner, a mother playing in the park with her children. Shortly thereafter, she recognized the truck and confronted the five, demanding and receiving her wallet back in the face of their threats and intimidation
Intimidation
Intimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.Criminal threatening is the crime of intentionally or...
. This theft and intimidation would be used to support the prosecution's contention that the five were still acting in concert at the time of the murder.
Looking for marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
, the five drove to the home of Michael McLoren, who was known to sell marijuana from a desk drawer in a ramshackle one-room "fort" in his backyard. A key factor in the murder trial would be whether the five intended to buy marijuana or to steal it. McLoren, 17, and his friend, Jimmy Farris, 16, were in the yard outside the fort when four of the five youths hopped the fence, with Micah Holland, 15, leading the way. Micah entered the fort and Anthony Miliotti, 17, physically the largest of the group, stood in the doorway. Their entry to the property would draw an additional charge of burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
.
Jason Holland testified he was drunk and lagging behind the others and did not see how the argument between his brother Micah and McLoren started. As he entered, the two dropped their heads and started fighting. Brandon Hein, 18, jumped into the fight, as did Jason, who says he was trying to get the bigger McLoren off his brother Micah's back. Jason opened a folding pocketknife
Pocket knife
A pocket knife is a folding knife with one or more blades that fit inside the handle that can still fit in a pocket. It is also known as a jackknife or jack-knife...
and "pricked" McLoren twice in the back to get him off his brother, then stabbed him in the chest. When Farris entered the fort to help McLoren, Jason stabbed him twice and Hein punched him in the head and face. McLoren survived his wounds but Farris died in the emergency room. When Jason Holland learned from his mother that he was wanted for murder, he went into hiding but several weeks later voluntarily surrendered.
The following description of the fight and stabbing is from the "SUMMARY OF FACTS AND PROCEEDINGS" in the January 29, 2001 California Court of Appeal findings. Note that the term "appellants
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
" excludes Christopher Velardo, 17, owner of the pickup truck, who remained in the truck throughout the incident and was tried separately.
At approximately 7:00 p.m. McLoren and Farris were in the McLoren backyard in the immediate vicinity of the fort. Without permission or invitation, all appellants as a group entered the McLoren backyard by hopping over a fence. Micah Holland (Micah) and Miliotti entered first. Jason and Hein followed approximately ten to fifteen feet behind Micah and Miliotti. Micah immediately entered the fort and Miliotti stood in the doorway. Appellants did not have permission or invitation to enter the fort. There had not been prior arrangement for the sale of marijuana between McLoren and appellants.
Appellant Jason was carrying a folding pocketknife. There is no evidence that appellants Micah, Hein, or Miliotti carried weapons or that any of them knew Jason carried a pocketknife.
Appellant Micah unsuccessfully attempted to pull open the locked desk drawer. Next, appellants Micah and Hein, in a threatening manner, shouted words demanding that McLoren turn over the key to the locked desk drawer. Appellant Micah, when threatening McLoren and demanding the key, shouted, “Give me the key fool” and “Give me the key, ese. You want shit with Gumbys, ese?” McLoren refused to relinquish the key.
Appellants Micah, Jason and Hein then verbally and physically assaulted McLoren. The intensity and violence of the battle escalated. McLoren held Micah face down on a bed and elbowed him about the back and neck. Jason attempted to pull McLoren off of Micah. McLoren kicked Jason in the face. McLoren then heard appellant Jason say, “Let’s get this fucker.” While being held in a headlock, McLoren twice felt sharp, debilitating, pulsating sensations, which later proved to be multiple stab wounds. Jason admitted stabbing McLoren.
After McLoren was stabbed, Farris entered the fort and became involved in the melee. Farris confronted Jason, who turned and, without hesitation, stabbed Farris twice in the torso. Immediately thereafter, McLoren observed Hein beating Farris in the head and face with his fists. Farris did not resist or otherwise defend himself from the blows administered by Hein.
Both McLoren and Farris broke away from the fight and ran to McLoren’s house. They each reported to McLoren’s mother that “. . . they (appellants) came to get our stuff . . .” and had stabbed them. Mrs. McLoren saw a stab wound in the center of Farris’ chest.
Witnesses observed appellants together leaving the McLoren yard, being met by
the Velardo pickup truck and driving away in Velardo’s pickup truck. A witness testified that he observed the four appellants on the street as they left the McLoren backyard apparently talking among themselves and smiling.
Charges
Christopher Velardo, 17, who remained outside in the truck throughout the incident, was charged and tried separately.Micah Holland, 15, Brandon Hein, 18, and Anthony Miliotti, 17, as well as the actual killer Jason Holland, 18, were charged with burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
, attempted robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
committed during the course of a burglary and an attempted robbery, and with attempted willful, deliberate, premeditated murder
Premeditated murder
Premeditated murder is the crime of wrongfully causing the death of another human being after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.State laws in the United States vary as to definitions...
of McLoren.
All four were charged with felony murder
Felony murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
because the murder was committed during the course of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, the alleged attempted robbery of McLoren's marijuana.
California law allows felony murder charges to be "enhanced" by special circumstances if the murder is committed during the commission of certain other crimes, among them robbery and burglary. The special circumstances of robbery and burglary were both alleged in this case. Murders under special circumstances require the imposition of the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
or life without possibility of parole
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
.
Trial
The severity of the charges polarized the small town of Agoura Hills and attracted international attention.The case was heard in the Superior Court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
of Los Angeles County in Malibu, California, with Judge Lawrence Mira
Lawrence Mira
Lawrence Joseph Mira is a Los Angeles County Superior Court Judge whose courtroom is in Malibu, California. Known by some as "Judge to the Stars", Mira's name has been mentioned in numerous high-profile and celebrity arrests due to the region his courtroom serves...
presiding.
The issue of the defendants' intent when entering the McLoren property and during the events at the fort was critical and hotly contested throughout the trial. The defendants said they had gone to the fort to buy, not steal, marijuana that day, so there was no burglary or attempted robbery. McLoren, testifying as a prosecution witness under promise of immunity from prosecution on drug charges, said there had been no prior arrangement for the sale of marijuana.
Testimony about the earlier wallet theft was introduced, with Judge Mira instructing the jury that it could be considered only to determine if it tended to show the criminal intent required for the offenses charged later that day.
The prosecution said that both incidents were alike, in that they were theft-type offenses involving group action and intimidating conduct by members of the group.
Extensive media coverage before the trial had suggested that the defendants were members of Gumbys, a local street gang.
In pre-trial proceedings, Judge Mira found that there was insufficient evidence that the defendants were gang members and ruled that any evidence of gang membership would be excluded. Notwithstanding this ruling, during cross-examination the prosecution twice asked Jason Holland about Gumbys, including asking him if he was a member. Judge Mira instructed the jury to ignore these questions. During closing arguments, the prosecution again strongly suggested the existence of gang activity. These suggestions of gang activity would be brought up in the defendants' later appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
as prejudicial misconduct that deprived them of their right to a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
.
Jason Holland admitted stabbing both McLoren and Farris.
On May 28, 1996 the jury found the four defendants guilty of burglary, attempted robbery, and murder committed during the course of a burglary and an attempted robbery, that is, felony murder
Felony murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
. In addition, Jason Holland was convicted of assault with a deadly weapon. The jury also found the allegations of special circumstances to be true, and found the murder, burglary and attempted robbery to be of the first degree.
Sentences
The four were sentenced to state prison as follows:- Jason Holland - life without possibility of parole plus eight years.
- Brandon Hein - life without possibility of parole plus four years.
- Anthony Miliotti - life without possibility of parole plus four years.
- Micah Holland - 29 years to life.
Christopher Velardo pleaded guilty separately to voluntary manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
and conspiracy to commit robbery and was sentenced to eleven years. Velardo was released from prison in 2000.
Supporters
The case attracted international attention and support, due largely to media coverage of the charges, the application of the felony murder rule, and the long sentences imposed.Director William Gazecki
William Gazecki
William Gazecki is a documentary filmmaker and former sound mixer best known for his Academy Award-nominated and News & Documentary Emmy Award winning film WACO: The Rules of Engagement...
made a documentary film called Reckless Indifference about the murder, trial and resulting prison sentences.
In his film, Gazecki argues that the defendants received an unfair trial and overly harsh sentences.
A bill by former California state senator Tom Hayden
Tom Hayden
Thomas Emmet "Tom" Hayden is an American social and political activist and politician, known for his involvement in the animal rights, and the anti-war and civil rights movements of the 1960s. He is the former husband of actress Jane Fonda and the father of actor Troy Garity.-Life and...
to revise California's felony murder rule died in the Senate.
Actor Charles Grodin
Charles Grodin
Charles Grodin is an American actor, comedian, author and former cable talk show host. Grodin began his acting career in the 1960s appearing in TV serials including The Virginian. He had a small part as an obstetrician in Roman Polanski's Rosemary's Baby in 1968...
wrote and directed a sympathetic play, The Prosecution of Brandon Hein.
In 2005 Gazecki was a guest speaker at California State University Los Angeles, where his film was shown to Soren Kerk's sociology
Sociology
Sociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
class with the question in mind, "What is Justice?"
Detractors
Although the crime occurred outside his jurisdiction (in Los Angeles County, not in the city of Los Angeles), Los Angeles police chief Willie WilliamsWillie L. Williams
Willie L. Williams was chief of the Los Angeles Police Department from 1992 to 1997, taking over after chief Daryl Gates' resignation following the 1992 Los Angeles riots. Williams was the first African-American police commissioner of both the Philadelphia Police Department and the LAPD...
wrote to Judge Mira recommending the maximum punishment for all four defendants: life in prison without the possibility of parole.
In an interview with Farris' parents his mother asks, ”How much is too much time for killing someone? For taking away and changing our lives completely, forever?”
Controversy
Supporters of the defendants as well as opponents of the felony murder rule have expressed various concerns and criticisms.Regarding the charges
- According to William Gazecki and other critics, the prosecutor's office was spurred to lay the heaviest possible charges by the victim's father, an LAPDLos Angeles Police DepartmentThe Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...
police officer; and says that if the victim had not been a police officer's son the felony murder rule would never have been applied. In a CBSCBSCBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
60 Minutes II60 Minutes II60 Minutes II was a weekly primetime news magazine television program that was intended to replicate the "signature style, journalistic quality and integrity" of the original 60 Minutes series.It aired on CBS on Wednesdays, then later moved to Fridays at 8 p.m...
segment, a spokesman for the defendants' families charges that the boys were punished not for what they did, but for who was killed. The spokesman says, "It's about a police officer's son who died. And the only way they could convict all these kids was use the felony murder rule." James Farris Sr., the victim's father, says "The fact that I'm a policeman has nothing to do with anything. I just happen to be a policeman whose son was murdered. That's it."
- The felony murder rule itself has been criticized as unjust and offensive to the basic notion of fairness, since all participants in the underlying felony are punished equally regardless of their role, or lack of a role, in the murder. Supporters of the rule regard it as an example of strict liabilityStrict liabilityIn law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
, whereby a person who chooses to commit a crime is considered absolutely responsible for all the possible consequences of that action.
- The application of the felony murder rule in this case was also questioned by those who did not agree that an underlying felony, the attempted robbery of McLoren's marijuana, had actually taken place.
Regarding the trial
- Critics have accused the Los Angeles district attorney'sDistrict attorneyIn many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
office of being less interested in justice than in making up for their embarrassing high-visibility loss in the murder trial of O. J. SimpsonO. J. SimpsonOrenthal James "O. J." Simpson , nicknamed "The Juice", is a retired American collegiate and professional football player, football broadcaster, and actor...
a few months earlier.
- The fact that the victim's father was an LAPD police officer also generated suspicions that the district attorney's office was pressured for convictions, with Farris Sr. supposedly enjoying extraordinary access to authorities and attorneys, and using his influence to gain favors for the prosecution. Farris says in the film he never was present while prosecutors interviewed witnesses, while Deputy District Attorney Jeff Semow says that Farris "may have been present."
- To prove felony murder, the prosecution had to prove that an underlying felony had taken place, the attempted robbery of McLoren's marijuana. On the witness stand as a prosecution witness, McLoren testified that there had been no prior arrangement for the sale of marijuana. Before he testified, the prosecution had given him immunity from prosecution for selling drugs, a fact not known to the jury.
- Extensive pre-trial media coverage available to the pool of potential jurors suggested that the defendants were gang members. Judge Mira found that there was insufficient evidence of gang membership, and ruled that no evidence of this type would be allowed in the trial. Notwithstanding this ruling, the prosecution several times asked questions about gang membership or otherwise suggested to the jury the existence of gang activity. After each suggestion, the judge instructed the jury to ignore it, a process likened by some critics to "trying to unring a bellUnring the bellIn law, unring the bell is an analogy used to suggest the difficulty of forgetting information once it is known. When discussing jury trials, the phrase is sometimes used to describe the judge's instructions to the jury to ignore inadmissible evidence or statements they have heard...
". Interviewed in Reckless Indifference, Harvard law professor Alan DershowitzAlan DershowitzAlan Morton Dershowitz is an American lawyer, jurist, and political commentator. He has spent most of his career at Harvard Law School where in 1967, at the age of 28, he became the youngest full professor of law in its history...
says the prosecutors "terrorized" the jury into believing the defendants were violent gang members.
Regarding the sentences
- The sentences – 29 years to life for Micah Holland, life without possibility of parole for Hein, Miliotti, and Jason Holland – have been widely criticised as out of proportion to the nature of the crimes. Dershowitz calls the sentence "disproportional, outrageous, unconstitutional and immoral."
State appeals
An appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
of the convictions and sentences to the California Court of Appeal for the Second District charged prosecutors with misconduct and presenting inadmissible evidence, including alleging that the defendants belonged to the Gumbys street gang. Among other things, the appeal also alleged that it was improper to present the earlier wallet theft to the jury; that the prosecution engaged in egregious personal attacks on defense counsel; and that the verdicts were inconsistent. It further alleged juror misconduct, judicial bias, and faulty instructions to the jury.
Defending the sentences, Deputy District Attorney Victoria Bedrossian argued that while only Jason Holland wielded the knife, the defendants acted "in concert."
"Each appellant was a major participant who acted with reckless indifference to Jimmy Farris' life," Bedrossian said. "The sentences in this case do not offend fundamental notions of human dignity and the penalties in this case should not be changed."
On 29 January 2001 the California Court of Appeal ruled that "In order to warrant reversal, it must be determined that the alleged misconduct has prejudiced appellants’ right to a fair trial. In this case, the evidence against appellants was overwhelming." The Court affirmed the convictions and sentencing of Jason Holland, Brandon Hein and Micah Holland. The special circumstance finding against Anthony Miliotti, who stood and watched, was struck from the record and his crime reduced to second-degree murder, and his case sent back to the trial court for resentencing, resulting in a new sentence of nineteen years to life.
The California Supreme Court denied petitions for review on April 25, 2001.
Hein filed a petition for a writ of certiorari with the United States Supreme Court, which was denied on October 1, 2001.
A petition for a writ of habeas corpus with the California Supreme Court was filed on September 23, 2002, which was summarily denied on May 12, 2004.
Federal appeals
Following exhaustion of their appeals in state court, Hein, Miliotti, Micah and Jason Holland filed individual Petition for Writ of Habeas Corpus in the United States District Court for the Central District of CaliforniaUnited States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
in May and July 2004. The petitions raised identical, overlapping, and separate claims: Brady
Brady material
Brady material consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case, Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of...
violations, prosecutorial misconduct, ineffective assistance of counsel, improper exclusion or admission of evidence, juror misconduct, judicial misconduct, cruel and unusual punishment, and arbitrary and capricious sentence reduction. On April 3, 2007, the United States Magistrate Judge
United States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
assigned to the case filed a joint Report and Recommendation, recommending that the petitions be denied. All four appellants filed objections to the Magistrate's report, but the United States District Judge adopted the Report and Recommendation without modification. Each appellant then requested a Certificate of Appealability to the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, which were all granted in whole or in part by the District Court. On January 17, 2008, the Ninth Circuit Court granted a motion to consolidate the appeals of the four appellants.
On October 7, 2009 the appeals were heard by a three-judge panel of the United States Court of Appeals for the Ninth Circuit. Attorneys for the four alleged false testimony by McLoren and misconduct
Misconduct
A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts....
by the prosecution, including failure to disclose evidence favorable to the defense.
On April 12, 2010 the appeals were denied, with the court acknowledging some instances of prosecutorial misconduct but saying their combined effect, along with the nondisclosure of McLoren's immunity, was not sufficient to render the trial fundamentally unfair.
On May 26, 2010 attorneys for Hein, Miliotti, and Jason Holland filed a "Joint Petition for Rehearing En Banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
." Attorneys for Micah Holland filed a separate "Petition for Rehearing En Banc." In the petitions, the attorneys argue that the April 12 opinion by the three-judge panel "conflicts with a well-settled body of law within the Ninth Circuit," and that "En banc review is necessary to secure and maintain the uniformity of this Court’s decisions."
On July 16, 2010, the three-judge panel of the Ninth Circuit Court issued an order stating that "The full court has been advised of the petitions for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. The petitions for panel rehearing and the petitions for rehearing en banc are denied."
On November 15, 2010, attorneys for the four petitioners filed a petition for a writ of certiorari with the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The petition was denied on April 18, 2011.
Current status
Brandon Hein, Anthony Miliotti, Micah Holland, and Jason Holland remain in prison. Their legal appeals have been exhausted. Miliotti appeared before the parole board in 2011. He was denied parole and will have to wait ten more years for another opportunity to appear before the parole board. Hein and Micah Holland will be eligible for parole in 2020.Commutation to 29 years to life with the possibility of parole
On March 17, 2009, Hein's sentence was commuted by Governor Schwarzenegger, from life without possibility of parole plus four years, to 29 years to life with the possibility of parole. California laws require that 85 percent of a sentence must be served to be eligible for parole, meaning that Hein would be eligible in early 2020.External links
- Hein's web site - "Life in Prison: The Felony Murder Rule in California"
- Brandon Hein blog maintained by his parents
- YouTubeYouTubeYouTube is a video-sharing website, created by three former PayPal employees in February 2005, on which users can upload, view and share videos....
- CBS 60 Minutes news article on Brandon Hein - Brandon Hein Case - Newspaper Articles