Juvenile transfer system enacted in Massachusetts. Juveniles age 14 through 16 became eligible to be transferred from juvenile to adult court if they committed certain crimes like homicide. This transfer could only happen after a hearing, where the burden was on the Commonwealth to present convincing evidence to a judge that the juvenile posed a significant danger to the public and was not amenable to rehabilitation in the juvenile system. Prosecution and defense could present evidence of the youth's prior record, family circumstances, physical and mental health, social history, educational abilities and details about the crime.
Kimberly Rae Harbor is repeatedly raped, beaten and stabbed by a group of youths in Boston, including five who were under 17.
In response to the Harbor murder, legislation enacted to make juvenile transfer to adult court in murder cases easier by shifting the burden of proof to the defense to prove a juvenile court hearing is more appropriate than trial in adult court. Also requires that youths tried in juvenile court for murder are automatically committed to the state Department of Youth Services if convicted of delinquency murder.
Charles Copney, 11, and Korey Grant, 15 fatally shot by gang member Damien Bynoe, 15. Bynoe convicted in juvenile court and serves five years in the Department of Youth Services.
Amy Carnevale, 14, is stabbed by her boyfriend, 16-year-old Jaime Fuller in front of a group of his friends he invited to watch. Fuller ties her body with cinder weights and dumps it in a nearby pond. Fuller is later transferred to adult court and convicted of first-degree murder. He is sentenced to life without the possibility of parole.
In response to Bynoe sentence in slayings of Copney and Grant, legislature passes law allowing the Commonwealth to appeal the denial of a transfer to adult court for juveniles accused of murder. Also imposed minimum sentences for kids convicted of murder in juvenile court: 15 years with eligibility for parole for first-degree murder and ten years with eligibility for parole for second-degree murder.
15-year-old Eddie O'Brien stabs his best friend's mother, Janet Downing, nearly 100 times. Public outcry when judge rules O'Brien should be tried as a juvenile. Commonwealth appeals and case tried in adult court. O'Brien convicted of first-degree murder and is serving life without the possibility of parole.
Gov. William F. Weld signs into law sweeping juvenile justice reform legislation mandating anyone aged 14, 15 or 16 charged with murder must be tried as an adult and if convicted of first-degree must be sentenced to life without parole. The controversial bill passes unanimously in the House of Representatives; only two senators vote against it in the Senate arguing judges should have some discretion in sentencing teenagers.
Donnie Bouphavongsa is the first teen sentenced to life without parole under the new law. Bouphavongsa was 16 when he was accused, along with other youths, in the 1997 beating death of 17-year-old Joshua Molina.
Noeun Sok had just turned 15 when he fatally stabbed a gang rival, Keoudone "Tiny" Onexaivieng, 18. He is convicted of first-degree murder and sentenced to life without parole. Sok's friend accepts a plea deal and is serving 18-20 years in prison. Sok's case is on appeal.
