Juvenile Clemency Editorial "In America we recycle our trash and throw away our children." Those words were spoken by a mother whose 16-year-old is serving life in prison without possibility of parole (LWOP). Her son was convicted in one of those "redneck" states, but his sentence isn't unusual. America is the only nation on earth that sentences its children to die behind bars. We have thousands of throw-away children wasting hundreds of millions of taxpayer dollars in prisons stretching from sea to shining sea.  Colorado is the first state to reverse that trend, by lowering life to 40 years. A modest beginning.  Thanks to a partnership among district attorneys, Rep. Cheri Jahn,  Governor Bill Ritter and  The Pendulum Foundation,  our Governor  also created the nation's first juvenile clemency board, which has been universally lauded. With this act Governor Ritter and the board acknowledge that, from their brain development to their capacity for rehabilitation,  children are different from adults. Theoretically, those who were convicted as 14-15-16 or 17-year-olds deserve a second look. But political reality intrudes. We all have different versions of right and wrong. It seems wrong to me that a kid gets sentenced to life for a hit and run that generally garners probation or a few years in prison. Or that a 38-year-old son receives sixteen years for setting his father on fire over a minor argument (the dad later died), while a 15-year-old who kills his molesters is buried behind bars.   Others looked at the same set of circumstances and had no trouble trying, convicting and incarcerating those same cases.  I know several of these young prisoners and believe they can be rehabilitated. But we Americans are a merciless people. We talk about redemption but we don't practice it. Certainly not for a gang kid who participates in a drive-by or a frightened  teen who cleans up for his friend after the friend kills his abuser. The facts are spun and re-spun on all sides. Not much compassion. A lot of hatred. And pesky political realities, such as: Where's that 15-year-old's constituency? Who will speak for him? Who even cares? I often ask myself, "If I were Governor Ritter would I EVER give any of these kids a commutation or clemency? What's in it politically for him -- beyond our assertion that redemption should carry as great a moral weight as retribution? Well, we believe we've found something that's "in it" for everybody.  We can give some of these kids a second chance plus  promote public safety plus practice redemption and rehabilitation rather than retribution. Our solution? Programs. Programs inside. And more programs inside.  Cognitive behavior therapy. Life skills. College. Right now, young LWOPS, since they're never coming out of prison, get few programs. However, the same bill that lowered life sentences also mandated these young prisoners get the same opportunities for programs as those who are eligible for parole.  Provide a rainbow of proven programs.  Not only will these programs make our young LWOPS far better candidates for a commutation or clemency, all studies agree such programs transform thinking and lives.  Once these offenders successfully complete all programs, we propose that they be given a conditional commutation. Young LWOPS would then  complete their re-integration into society via a privately funded  rehabilitation center. The entire process could take years. We don't care. What we want to do is get them out of prison and firmly down the road to rehabilitation. Once upon a time-- oh, say, 20 years ago--when America was a different nation, these kids  never got much prison time anyway. They received treatment, were rehabilitated and released back into society where they obeyed the laws,  worked hard, paid their taxes, and disappeared into middle-class society.  We ask that some of our young LWOPS receive that same opportunity. An opportunity for a second chance. We believe that it's long past time when we  recycle only  our trash. We believe it's  time we recycle our children, as well.  TABLE OF CONTENTS     *         The Murder of Jacob: Cover and Synopsis of Jacob's case and trial.     *        Application for Clemency     *        Letters from Jacob     *       Jacob's  Letter to Governor Owens     *       Life Inside by Jacob Ind     *      Jacob Speaks: How to Help an Abused Child Certificates of Participation and Education     *       Victim's Family Letters of Support     *       Letters of Support     *       A Success Story     *       Post Commutation: Residence and Employment following Release     *      The United States Supreme Court Rules Juvenile Offenders Less Culpable     *      LWOP Sentencing of Youth: State-by-State Statistics     *      Disproportionate Sentences for Colorado Kids Who Kill     *      Challenges to Juvenile Life without Parole Sentences and Adult Punishment     *      Adolescents are Different from Adults… and in the Halls of Justice, it Matters :  The Brain     *     Catholic Church Re: Children in Adult Prisons     *     Letter from Bishop Tafoya     *     Copy of THE MURDER OF JACOB by Mary Ellen Johnson The story of Jacob's childhood, the murder of his parents, his trial           and conviction. Nathan Ybanez and Jacob Ind Request  Mercy from Governor Owens     *     Letter from Executive Director of Pendulum Foundation regarding both cases.     *     Comparisons between Jacob Ind and Nathan Ybanez     *     MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice           Latest Studies of Juvenile Brain Development and Competency to           Stand Trial CERTIFICATES OF PARTICIPATION AND EDUCATION Remember: many programs are unavailable for prisoners serving life without parole. APPLICATION FOR CLEMENCY October 5, 2006 Nathan Ybanez completed a preliminary application for clemency in 2005 and sent it directly to The Pendulum Foundation. Approximately 6 weeks ago I        returned it to him so that he could begin the process through DOC. DOC did not return the application to Nathan for more than a week after he received the rest of the contents within my  packet. Then they told Nathan that they didn't know when they will be processing the application. It could be 6 months or so before they even got around to it. My understanding is they are supposed to get the info to DOC headquarters within 30 days.  If that has not been done, perhaps a phone call to Sterling would be helpful since time is of the essence. Sincerely, Mary Ellen Johnson, Executive Director, Pendulum Foundation The actual application from clemency, with all accompanying paperwork, is mailed from Limon Correctional Facility, where Jacob Ind is being housed. The application is to be mailed within 30 days of being received from prisoner.  To the best of our knowledge the application has not yet been mailed though the 30 day deadline is near. Donations can be made safely and securely through PayPal Or donate to Pendulum Juvenile Justice, a 501c4, for lobbying and legislative issues. Not tax deductible. ----------------------------------------------- -----------------------------------------------