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The Ohio Supreme Court will decide whether it’s constitutional for a juvenile to receive a sentence that prevents the possibility of release.

On Wednesday, the state’s highest court heard the case of Brandon Moore, who was convicted of rape, robbery, kidnapping and other charges in 2002 in Mahoning County. He was 15-years-old when he kidnapped and robbed a young college student and then
along with another teen raped her multiple times at gunpoint.

Moore, now 29, received 10 years for each of his 10 offenses, plus an addition 12 years for using a firearm specifications, totaling 112 years – until 2113.

Rachel Bloomekatz, Moore’s attorney, argued that his sentence is unconstitutional based on a Florida 2010 case where the U.S. Supreme Court ruled it was unconstitutional to sentence a juvenile to life without parole unless the juvenile has committed
murder. Life without parole for a juvenile, Bloomekatz said, violates the Eight Amendment, which prohibits cruel and unusual punishments.

The Florida case does not guarantee a juvenile will be released, but that he or she must have a meaningful opportunity to show they are rehabilitated and eligible for parole, Bloomekatz said.

Moore’s first opportunity for release would not come until he is 92-years-old, which Bloomekatz argued does not give him a meaningful release opportunity.

Justice Judith Ann Lanzinger noted that the original trial judge said his intent was for Moore never to be released again.

Chief Justice Maureen O'Connor said it would be “highly unlikely” Moore would live to see his first release opportunity.

Ralph Rivera, assistant prosecuting attorney for Mahoning County, argued that the Florida decision cannot be applied to the Ohio case because the Florida defendant committed only one offense, not multiple crimes. Additionally, Rivera said, Moore did not
receive a life sentence, but rather he received the maximum sentence for each offense. If Moore had committed fewer crimes, his sentence would have been shorter.

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“If Moore would have only committed, say, half of the crimes, we wouldn’t be here,” Rivera said.

Two former Ohio attorneys general, Jim Petro and Nancy Hardin Rogers, and former Ohio Supreme Court Justice Evelyn Lundberg Stratton wrote a brief supporting Moore, he should have an opportunity for release.

“The alternative — subjecting individuals to harsh punishment for decades as a result of acts committed during a period of rapid growth, maturation, and development undermines society's faith in the criminal justice system,” the three wrote in the
brief.

The Supreme Court will not have decision for few months, but Bloomekatz said Moore would like to be resentenced and given a meaningful opportunity for release.

“He’s not asking that he get out tomorrow or ever be guaranteed release, but a new sentence that he’s given has to give him some sort of meaningful opportunity,” she said.

Maria DeVito is a fellow in the E.W. Scripps School of Journalism Statehouse News Bureau.

mdevito@dispatch.com

@MariaDeVito13

https://www.dispatch.com/story/news/crime/2015/02/04/teen-rapist-given-112-year/23980964007/

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