User:CliffC/Sandbox

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Brandon Wade Hein is a convicted felon currently serving a sentence of life imprisonment without possibility of parole plus four years for his presence at the 1995 stabbing murder of 16 year-old Jimmy Farris, the son of an LAPD police detective.

Hein and two others who were present when the murder was committed were charged, along with actual murderer Jason Holland, with felony murder because the murder took place 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 deaths that occur during, or in furtherance of, that felony.

Hein's conviction has courted much controversy, as some feel that the life sentence was overly harsh and politically motivated, while others feel that Hein's presence at the murder justified the sentence.

1 Fight and murder
2 Charges
3 Trial of the xxx six
4 Sentences
5 Appeals
6 Supporters xxx criticism of Hein's sentence
7 Supporters of the sentences
8 Current status
9 Sources xxx???
10 References xxx???
11 External links

[edit] Fight and murder

dispute is key /buy MJ or rob MJ/ jump fence & uninvited = burglary On//according to trial testimony recounted in Agoura Hills

Micah Holland, Jason Holland and Anthony Miliotti:

Christopher Velardo, 17, remained outside in his/the pickup truck.

[edit] Charges

In the case of felony murder, California law allows the charges to be enhanced by special circumstances if the murder was committed during the commission or attempted commission of a robbery or burglary. Murders under special circumstances require the imposition of the death penalty or life without possibility of parole.^[1]

xxx Appellants were convicted, inter alia, either as perpetrators or aiders and abettors of murder committed during a burglary or attempted robbery, i.e., felony murder.^[2]>

[edit] Trial of the xxx six

The murder and trial that followed shocked and polarized the small town of Agoura Hills, an otherwise peaceful suburb northwest of Los Angeles, California, and attracted international attention.

Judge Lawrence Mira presided over the trial.

A jury in the county criminal court in Malibu found Hein, Micah Holland, Jason Holland and Anthony Miliotti guilty of burglary, attempted robbery, and murder committed during the course of a burglary and an attempted robbery. 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.^[2]

[edit] Sentences

The defendants were sentenced to state prison, as follows:^[2]

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, who stayed in his truck that day, pled guilty separately to manslaughter and was sentenced to nine years. He was released this year [2000] from the California Youth Authority.^[3]

???? xxx Chris Vellardo 17 at the time this happened, who plea bargained to //attempted robbery//?? in return for a sentence of 15 years has had his sentence reduced more than once and will now serve 4 years in the California Youth Authority<some leftie site>

[edit] Appeals

[edit] Supporters xxx criticism of Hein's sentence

did not wield the knife that killed Jimmy Farris ramshackle "fort" in the /McLoren/ backyard ?CourtTV?

"The DA immediately began to portray all of the boys as "gang members" - something for which there was absolutely no evidence " "Although Brandon was ready for trial he was denied his constitutional right to a speedy trial and forced to wait in Los Angeles County Jail almost a year until his case was heard, combined by the court with that of the others so that all were tried as one." "McLoren was the sole witness claiming the boys came to steal, and for his testimony he was granted immunity." - BHsite

Filmmaker William Gazecki has made a documentary called "Reckless Indifference" about his situation.

Hein, as the only defendant interviewed for the film, has received the most media attention,xxx although //equally harsh sentences were also /passed down / handed out to other non-stabbers// Because the felony murder rule requires no intent to kill, //or even to do bodily harm,// it has been criticized as unjust.<WIKI> Hein's case has attracted international attention and support, due largely to media coverage and what some feel was a violation of international law, as Hein was only 17 at the time of the murder.

Charles Grodin has produced a play on the subject entitled "The Prosecution of Brandon Hein". Many others have written letters to Judge Mira and California Governor Arnold Schwarzenegger (who has the power to commute or pardon the sentence) to persuade them to pursue a lesser sentence, including former Los Angeles Police Chief Willie Williams.[1]

[edit] Supporters of the sentences

[edit] Current status

Tony Miliotti, who stood in the doorway that day, was released from prison in 2000.

Hein remains incarcerated at California Correctional Instution in Tehachapi, California, about 50 miles north of Los Angeles. He has been imprisoned for 10 years.