United States v. Juvenile Female
United States v. Juvenile Female
Opinion of the Court
On July 10, 2017, the government filed a Juvenile Information against defendant Juvenile Female ("the defendant"),
The government subsequently filed a Superseding Juvenile Information, which charges the defendant with the counts contained in the initial Juvenile Information and includes conspiracy to obstruct justice in violation of
Before the Court is the government's motion under
As discussed in great detail below, after carefully analyzing the required statutory factors, the Court concludes in its discretion that, notwithstanding the statutory presumption in favor of juvenile adjudication, the government in this case has rebutted that presumption and met its burden of proving by a preponderance of the evidence that the defendant's transfer to adult status is warranted.
In particular, the nature of the alleged offenses overwhelmingly favors, in the interest of justice, transferring the case to district court to try the defendant as an adult. As detailed below, the defendant is charged with actively participating in four brutal murders for La Mara Salvatrucha, a violent street gang also known as the MS-13. More specifically, the defendant is alleged to have engaged in the following conduct with respect to the April 11 murders: (1) instigating the murders, along with another juvenile female, by locating photographs of some of the victims flashing MS-13 gang signs on social media (which was viewed as disrespectful because the victims were not members of the MS-13), and then showing those photographs to MS-13 members; (2) participating in meetings to plan the murders; and (3) knowingly luring the unsuspecting victims to a prearranged location in the Central Islip woods where they were murdered with machetes, knives, and tree limbs. Moreover, in the aftermath of the murders, the defendant allegedly tried to destroy evidence and impede the related investigation, including by warning the MS-13 members involved in the murders about the investigation and urging them to flee. A defendant who is alleged to have participated in this manner in the brutal murder of four individuals is unlikely to be rehabilitated within the juvenile justice system, especially given the limited sentencing options available in that system if the defendant were found guilty (such as the statutory maximum of five years' incarceration). In short, in the Court's view, given the gravity of the alleged crimes here, this is *417the most critical factor in this particular analysis and is a compelling factor in favor of transfer.
The defendant's age and social background also strongly favor transfer. The defendant was just eight months shy of eighteen when she participated in the April 11 murders, and is now over eighteen years old. As for the defendant's social background, she lacks any stable family or social support structure and continued to demonstrate her allegiance to the MS-13 even after the brutal murders, including by allegedly helping gang members obstruct justice. Moreover, a recorded jail call by the defendant with an incarcerated MS-13 member the day after the murder, during which she allegedly discusses the murder, displays an individual, with no remorse, who appears to have fully embraced her role in the murders and is also deeply loyal to the gang. In fact, even while incarcerated at Essex County Juvenile Detention Center in connection with these charges, the defendant has been actively communicating with an alleged MS-13 member with whom she wishes to continue a relationship. Thus, although the defendant's grades in her current educational program and her behavior during her detention have reportedly been exemplary, the Court finds that her age and lack of a support structure, in conjunction with her deep loyalty to the MS-13 gang, strongly favor transferring her to adult status.
The defendant's lack of a juvenile record weighs against transfer, but as explained below, the Court finds that, in the instant case, after balancing all the statutory factors (including this one), transfer is in the interest of justice.
As for the defendant's present intellectual development and psychological maturity, the Court finds that that factor is neutral. A psychological examination of the defendant revealed that, despite strong cognitive and intellectual skills, the defendant has significant delays in developmental maturity. Thus, on balance, this factor neither favors nor disfavors transfer.
The remaining two factors-the nature of past treatment efforts and the defendant's response to those efforts, as well as the availability of programs designed to treat the defendant's behavioral problems-weigh against transfer. There is no evidence that, before her detention in connection with this case, the defendant received any formal treatment or counseling. As noted, however, the defendant's grades and behavior during her detention over the last eleven months have been commendable. Accordingly, the Court concludes that this factor weighs slightly against transfer. As for the availability of programs designed to treat the defendant's behavioral problems, there is some indication that facilities in Pennsylvania and Maine would be available to the defendant if found guilty as a juvenile. Accordingly, that factor also weighs against transfer.
Although some factors weigh against transfer, they do not outweigh the other factors that, in combination, overwhelmingly favor transfer. In particular, the violent and brutal nature of the alleged murders, including the defendant's alleged active participation in the murders and alleged obstruction of justice following the murders, in conjunction with the defendant's age and social background, overwhelmingly demonstrates that transfer is warranted. As the Second Circuit has emphasized, "the goal of rehabilitation must be balanced against 'the threat to society posed by juvenile crime.' " United States v. Nelson ,
In short, after thoroughly considering and weighing the statutory factors, the Court has determined in its discretion that treating the defendant as an adult in this case will serve the interest of justice.
I. THE CHARGES
The charges against the defendant stem from the government's continuing investigation into the MS-13. (Gov't Mem. 2.) Since approximately 1998, MS-13 members on Long Island have engaged in street wars with rival gangs, which have resulted in the assault and murder of MS-13 and rival gang members, their family members, and innocent bystanders. (Id. at 2-3.) On induction into the MS-13, members agree to kill rival gang members whenever possible. (Id. at 4.)
*419The defendant, an alleged MS-13 associate, is charged in connection with the murders of four suspected 18th Street Gang members. (Id. at 7.) According to the government, the defendant instigated the murders, participated in planning them, and assisted the MS-13 in carrying them out. (Id. at 6-8.) More specifically, the defendant and a friend ("Juvenile Female 1") allegedly saw pictures of some of the victims flashing MS-13 signs on social media. (Id. at 7.) Knowing that the penalty for this alleged disrespect would be death, the defendant and Juvenile Female 1 showed the pictures to MS-13 members. (Id. ) Thereafter, the defendant and Juvenile Female 1 allegedly met with MS-13 members on multiple occasions to plan the April 11 murders. (Id. )
Pursuant to that plan, on April 11, 2017, the defendant and Juvenile Female 1 invited one of the individuals from the pictures ("Surviving Victim 1") to smoke marijuana in a wooded area near the Central Islip Recreational Center. (Id. ) Surviving Victim 1 accepted the invitation, and invited the four victims to join. (Id. )
Meanwhile, MS-13 members and associates waited in the wooded area and prepared for the murders. (Id. at 7-8.) The government alleges that, while waiting for the defendant and Juvenile Female 1 to bring the victims to their location, these individuals discussed the plan, divided up knives and machetes, and made clubs out of tree limbs. (Id. at 8.) The defendant and Juvenile Female 1 allegedly remained in contact with MS-13 members in the woods, and provided them with intermittent location updates. (Id. )
Shortly after the defendant and Juvenile Female 1 arrived at the predetermined location with Surviving Victim 1 and the four victims, the MS-13 members and associates divided into groups, surrounded Surviving Victim 1 and the four victims, and ordered them to get on the ground. (Id. ) Surviving Victim 1 immediately escaped, but the four victims were hacked and beaten to death with the machetes, knives, and tree limbs. (Id. )
According to the government, the MS-13 members and associates then dragged the victims' bodies a short distance and fled, concerned that Surviving Victim 1 would alert the police to their location. (Id. ) They allegedly planned to bury the bodies the following night. (Id. ) Before they could do so, the Suffolk County Police Department discovered the bodies. (Id. )
The day after the murders, on April 12, 2017, the defendant received a call from her incarcerated boyfriend ("John Doe 1"), an alleged MS-13 member.
*420They are off the map, but one of them, one of them was able to stay on the map. That one that's still on the map is the problem." (Id. at 12.) The defendant also told John Doe 1 that she would lie to investigators if questioned about the April 11 murders. (Id. )
In the weeks after the April 11 murders, the defendant allegedly did lie to investigators and seek to impede the investigation. (Gov't Reply 3.) According to the government, the defendant lied to police about her role in the April 11 murders, and portrayed herself as an innocent victim and witness to the murders whose life was spared for unknown reasons. (Id. ) Moreover, after the police interviewed the defendant, she allegedly alerted the MS-13 members who participated in the April 11 murders, and urged them to flee. (Id. ) Three days after the murders, when police attempted to stop a car in which the defendant was riding with an MS-13 member, the defendant allegedly tried to destroy her cell phone and SIM card, and threw both items from the moving car. (Id. ) Finally, during a second police interview, the defendant allegedly lied again about her role in the April 11 murders. (Id. )
On July 13, 2017, the defendant was arrested in connection with the April 11 murders.
II. LEGAL STANDARD FOR DISCRETIONARY TRANSFER
"A juvenile fifteen years of age or older who is 'alleged to have committed an act after his fifteenth birthday which if committed by an adult would be a felony that is a crime of violence' may be proceeded against as an adult where a district court, after a transfer motion by the Attorney General, finds that it is 'in the interest of justice' to grant a transfer." United States v. Nelson (Nelson I) ,
Although the Court must evaluate each factor identified in Section 5032, it need not afford each factor equal weight, and "may balance the factors in any way *421that seems appropriate to it." Nelson I ,
In weighing the factors, "the district court must keep in mind that 'permeating the transfer decision and the six-factor inquiry is the notion of rehabilitation.' " United States v. Ramirez ,
Even though a juvenile's potential for rehabilitation is a "crucial determinant in the transfer decision," that potential "must be balanced against 'the threat to society posed by juvenile crime.' "
III. ANALYSIS OF FACTORS
A. Age and Social Background
1. Age
The Second Circuit has instructed that a district court should consider a juvenile defendant's age both at the time of the alleged offense and at the time of the transfer hearing. See Nelson I ,
Here, the defendant was approximately seventeen years and four months old at the time of the April 11 murders, and eighteen years and five months old at the time of the transfer hearing. (Gov't Mem. 3.) Accordingly, the defendant's age at the time of the charged conduct and at the time of the hearing both favor transfer. See, e.g., United States v. Sealed Defendant 1 ,
2. Social Background
The Court must also consider the defendant's social background to the extent that background is indicative of her potential for rehabilitation if adjudicated as a juvenile. As explained below, under the circumstances of this case, the Court finds that the defendant's social background suggests a low likelihood of successful rehabilitation if the defendant were adjudicated as a juvenile. Accordingly, the Court finds that this factor weighs in favor of transfer.
The parties do not dispute that the defendant's formative years were marked by a "pattern of instability and neglect." (Gov't Reply 2.) The defendant was born in Maine to a single mother
At age nine, the defendant moved to Maine to live with her aunt ("the Maine Aunt"). (Id. at 3.) The defendant regularly attended school, where she reportedly earned above-average grades. (Id. ) At the same time, the defendant reported that the Maine Aunt neglected her and that, as a *423result, she felt lonely and depressed during her time in Maine. (Id. at 3-4.)
According to Child Protective Services ("CPS") records submitted by defense counsel, when the defendant was thirteen, she became sexually involved with a nineteen year old male ("John Doe 2"). The defendant met John Doe 2 sometime in 2013 while visiting an aunt in Central Islip ("the New York Aunt").
When she was fifteen, the defendant's relationship with John Doe 2 ended. (Rioja Rep. 4.) She stayed intermittently with the New York Aunt and with one of the New York Aunt's friends.
The defendant met John Doe 1, an alleged MS-13 member, while she was at work. (Id. ) The defendant reported that she was drawn to John Doe 1 because they had both been abandoned by their families. (Id. ) She further reported that John Doe 1 is the only person she has ever truly loved and that he is the first person to truly care for her. (Id. ) John Doe 1 was arrested in connection with alleged MS-13 activities shortly before the April 11 murders. (See
Currently, the defendant is enrolled at Sojourn High School in Essex County Juvenile Detention Center ("ECJDC"). (See Def. Mem. Ex. C.) Her grades are above-average, and her educational plan is to complete the ninth and tenth grades so that she can take New York State Regents exams and earn a high school diploma. (See
*424The Court finds that the defendant's social background, taken in its entirety, suggests a low likelihood of rehabilitation within the short period of time before her release if convicted as a juvenile.
This utter lack of a positive support structure is particularly concerning because, since the April 11 murders, the defendant has continued to identify and associate with the MS-13. The day after the April 11 murders, the defendant made clear to John Doe 1 that she willingly participated in the murders and viewed that participation as her "turn." She expressed no remorse or shock over her involvement in four brutal deaths. Instead, her main concern was that Surviving Victim 1 could identify her and knew where she lived. When given the opportunity to cooperate with the investigation, the defendant chose instead to lie to investigators, warn other MS-13 members and associates, and attempt to destroy evidence. What is more, rather than end her relationship with John Doe 1, an alleged MS-13 member, the defendant remains in frequent communication with him. Indeed, she describes him as the only person she has ever truly loved and the only person to have ever truly cared for her.
The Court notes that Dr. Virginia Barber Rioja, a psychologist who examined the defendant and submitted a report in connection with the instant motion, opined that the defendant's high achievement and good behavior at ECJDC "make her a *425good candidate for treatment and rehabilitation." (Rioja Rep. 13.) The Court, however, finds that conclusion unpersuasive in the context of the entire record for several reasons.
First, in reaching this conclusion, Dr. Rioja did not consider the defendant's alleged involvement in the April 11 murders, or her alleged obstruction of justice after the murders. In particular, Dr. Rioja acknowledged that "[t]he assessment of dangerousness risk in this case is significantly limited by the fact that [the defendant] denied the allegations, and it is not possible for this writer to accurately ascertain her actual level of involvement in the MS-13 or the crimes that she is being accused of." (Id. at 10 (emphasis added).) In the "Summary and Opinions" section of her report, Dr. Rioja similarly stated, "The fact that [the defendant] denied the allegations against her, which are the only indications of criminal involvement, significantly limits any opinions with regards to her level of risk for future violence or recidivism." (Id. at 13 (emphasis added).)
Second, in finding that the defendant "does not have most of the risk factors identified by the literature as being important predictors of future violence and recidivism," Dr. Rioja acknowledged that the assessment of risk for dangerousness does consider characteristics such as "premeditation," "lack of remorse," and "general disregard for others." (Id. at 11.) Dr. Rioja made passing reference to these risks in her report (for example, "it is alleged that she was connected to the MS-13 (delinquent peer group) and that she engaged in racketeering (a premeditated crime)" (id. ) ), without any recognition that (1) the MS-13 is more than just a "delinquent peer group," but rather a ruthless and violent street gang; (2) the defendant's alleged involvement was not just in "racketeering," but rather in actively participating in the planning and murder of four individuals; or (3) the defendant allegedly showed no remorse following the murders, but rather attempted to obstruct justice following the murders by lying about what had occurred and destroying evidence.
Third, as noted, Dr. Rioja identified some of the defendant's main risk factors for future violence or recidivism to be "a lack of strong family or social supports" and "peer delinquency," and stated that "[h]er risk for reoffending appears to be closely linked to her alleged involvement with a member of the MS-13, which in turn, is linked to her emotional vulnerabilities." (Id. at 13.) Although Dr. Rioja believes that certain interventions will "likely assist with gang disengagement and significantly decrease her level of recidivism risk" (id. ), that conclusion does not consider the level of the defendant's allegiance to the MS-13 (including the recorded conversation with her boyfriend, an alleged MS-13 member, following the murders) or the fact that the defendant is likely to have little, if any, family or social support upon her release from juvenile custody.
In short, given that Dr. Rioja's assessment of the defendant's risk for future violence or recidivism is "significantly limited" and fails to adequately take into account the allegations of her active involvement in the April 11 murders and obstruction of justice following those murders, the Court finds the conclusions to be of limited value in the overall balancing of factors. Although the defendant's current success at Sojourn High School and exemplary behavior at ECJDC are certainly positive, the Court finds that those mitigating factors are outweighed by the other strong indications that successful rehabilitation is unlikely if the defendant is adjudicated as a juvenile. Accordingly, the Court finds that the defendant's lack of a support *426structure, in the context of her alleged violent criminal acts and alleged ongoing association with the MS-13, weighs in favor of transfer. See, e.g., Doe ,
B. Nature of the Alleged Offense
As an initial matter, the Court notes that, in considering this factor, the Court must assume that the juvenile defendant committed the offenses charged and abstain from examining the strength of the government's evidence. See, e.g., United States v. Sealed Defendant ,
*427See, e.g., Ramirez ,
Here, the seriousness of the alleged offenses cannot be overstated. The defendant is charged with four premeditated and brutal murders carried out for the MS-13. The government alleges that she instigated the murders by showing pictures of some of the victims flashing MS-13 signs to MS-13 members, knowing that their punishments would be violent deaths. The defendant then allegedly aided the MS-13 in murdering the victims by luring them to a prearranged location in the woods. As a result of the defendant's alleged conduct, four people were brutally hacked and beaten to death with knives, machetes, and tree limbs.
The defendant is further charged with conspiring to obstruct the resulting investigation. She allegedly lied to investigators, tried to destroy evidence relating to the April 11 murders, and warned MS-13 members about the investigation and encouraged them to flee.
Given the obvious severity of the alleged crimes, the Court finds that this factor weighs strongly in favor of transfer, and gives this factor more weight than any other.
C. Nature and Extent of Any Prior Delinquency Record
The government states that it is "not aware of any prior criminal history for this defendant" (Gov't Mem. 25), and defense counsel represents that the defendant "has no prior criminal record or record of juvenile delinquency," (Def. Mem. 22). Accordingly, the Court finds that this factor weighs against transfer. However, the Court notes that the absence of a prior delinquency record does not preclude the transfer of a defendant to adult status when, as in this case, a balancing of all the statutory factors weighs in favor of transfer. See, e.g., United States v. Sealed Appellant 1 ,
D. Present Intellectual Development and Psychological Maturity
Generally, a juvenile defendant's "present intellectual development and psychological maturity support transfer where the juvenile is closer to average levels of intelligence and emotional or psychological maturity for the juvenile's age." A.O. ,
With respect to intellectual development, Dr. Rioja concluded that the defendant "functions at least within the average range of intellectual or cognitive functioning." (Rioja Rep. 10.) She found that the defendant demonstrated "no deficits in cognitive maturity," and that, "in fact [the defendant] can be intellectually resourceful." (Id. at 13.) Dr. Rioja further reported that the defendant's RIST score "places her in the average range" of general intelligence. (Id. at 9.)
As to the defendant's psychological maturity, Dr. Rioja did not observe any evidence of psychopathology, severe personality disorder traits, or significant impulsivity problems. (Id. at 13.) She further noted that the defendant has "adequate interpersonal skills," and is "able, to a certain extent, to delay gratification when needed to obtain a goal." (Id. at 10.) At the same time, Dr. Rioja *429found that the defendant's "history of abandonment, neglect and abuse interfered with the full development of emotional autonomy and self-concept, and made her emotionally reliant on others, emotionally [and] developmentally immature, and particularly vulnerable to the influences of anyone who would show her love, care, affection, and protection." (Id. at 13.) Dr. Rioja concluded that the defendant's "main delay in development" is in autonomy, which refers to a person's "ability to resist pressures from others, to have clarity in self-concept, to have high self-esteem, or to be aware of strengths and weaknesses." (Id. at 10.) Overall, Dr. Rioja concluded that "despite intact cognitive [and] intellectual skills, [the defendant] has significant delays in developmental maturity." (Id. )
The government argues that the defendant's intellectual functioning is also demonstrated by her active role in the murders, as well as her alleged involvement in obstructing justice in the following ways after the murder: (1) lying to the Suffolk County Police Department during an initial interview and claiming that she too was a "victim" of the attackers whose life was inexplicably spared; (2) after the initial interview, warning MS-13 members who were involved in the murders and urging them to flee; (3) attempting to destroy her cell phone and its SIM card during an attempted vehicle stop by the Suffolk County Police Department on April 14, 2017; and (4) after the vehicle stop, lying again to investigators during an interview about her role in the murders. (Gov't Reply 3.) Given these allegations, the government asserts that "th[is] conduct shows that the defendant is an intelligent and a strategic thinker, albeit for criminal purposes, and that she had no remorse for her actions, but instead, sought to do everything in her power so that she and her MS-13 co-conspirators would not be caught." (Id. )
The Court finds that, on balance, this factor is neutral. The Court accepts Dr. Rioja's finding that the defendant is psychologically immature, which weighs against transfer. However, even putting aside the allegations regarding the obstruction of justice, the defendant's cognitive abilities are clear from Dr. Rioja's report and from the defendant's academic records. Put simply, despite any emotional immaturity, the defendant has the cognitive ability to conform her conduct to the law. See, e.g., United States v. A.R. ,
E. Juvenile's Response to Past Treatment Efforts and the Nature of Those Efforts
There is no evidence that, prior to her detention in connection with the April 11 murders, the defendant ever received any treatment or counseling.
Defense counsel argues that the defendant's educational program at ECJDC constitutes "treatment" under this factor, and that her positive performance in that program demonstrates that this factor disfavors transfer. (Def. Mem. 28.) As noted above, the defendant's teachers and advocates at ECJDC have commended her strong academic performance and exemplary behavior since she was detained approximately eleven months ago. (Rioja Rep. 5-6.) However, for the reasons explained above, the Court finds that the defendant's performance at ECJDC, alone, does not establish that the defendant is *430likely to be rehabilitated if treated as a juvenile. Even so, given that this factor is specifically aimed at the juvenile defendant's response to treatment efforts and that the defendant has thus far responded well to her program at ECJDC, the Court finds that this factor weighs slightly against transfer. See C.F. ,
F. Available Programs Designed to Treat the Juvenile's Behavioral Problems
Under this factor, the government bears the burden of establishing a lack of available programs designed to treat the juvenile's behavioral problems. See, e.g., Nelson I ,
As noted by the Second Circuit, "[f]or the government to carry its burden of persuasion [on this factor,] it must, of course, do more than merely assert the unavailability of an appropriate program." Nelson I ,
* * *
In sum, after carefully balancing all the statutory factors based upon the *431record as set forth herein, the Court concludes that transfer of the defendant to adult status is warranted in this case in the interest of justice. The defendant is charged with four murders in connection with her alleged participation in the violent activity of the MS-13 street gang. These are precisely the types of serious, violent crimes that weigh strongly in favor of transfer. In addition to the gravity of the alleged crimes, other factors-including, inter alia , the defendant's age at the time of the murders, her alleged conduct after the murders, her ongoing communication with an alleged MS-13 member even while incarcerated, and her strong intellectual functioning-collectively demonstrate that the defendant is not likely to rehabilitate within the juvenile system if she is convicted of the charged crimes as a juvenile and provided with juvenile rehabilitation programs. Furthermore, as discussed above, the fact that the defendant is over eighteen years old, considered in conjunction with the other factors, strongly suggests that she is not likely to respond to juvenile-type rehabilitation programs. See Nelson I ,
As noted above, the Second Circuit has made clear that "the goal of rehabilitation must be balanced against 'the threat to society posed by juvenile crime.' " Nelson II ,
IV. CONCLUSION
For the reasons explained above, after thoroughly considering and balancing the statutory factors set forth in
SO ORDERED.
Section 5038(e) of the Juvenile Justice and Delinquency Prevention Act provides that neither the name nor the picture of any juvenile shall be made public during juvenile delinquency proceedings. See
This decision is consistent with others in which this Court transferred juveniles to adult status for their alleged participation in violent acts for the MS-13. See generally, e.g., United States v. Juvenile Male ,
The allegations set forth herein are drawn from the government's motion papers. The Second Circuit has made clear that, on a transfer motion, a district court should not undertake an examination of the strength of the government's evidence, but instead should "assume that, for the purposes of the transfer hearing, the juvenile committed the offense charged in the Information." United States v. Nelson ,
At the time of the call, John Doe 1 was incarcerated at the Suffolk County Correctional Facility on a local charge. (Gov't Mem. 9.) He was later indicted in federal court in the Eastern District of New York on various charges relating to alleged MS-13 activities, including racketeering, racketeering conspiracy, conspiracy to murder rival gang members, and conspiracy to distribute narcotics. (Id. at 9 n. 2.)
A transcript of the call was provided to the Court.
Other alleged MS-13 members and associates have been indicted or charged in sealed juvenile informations in connection with the April 11 murders in federal court in the Eastern District of New York. (Gov't Mem. 9.)
In addition, Section 5032 provides, in relevant part, that no juvenile shall be prosecuted "in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court of the United States that ... the offense charged is a crime of violence that is a felony ... and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction."
Section 5032 also provides for the mandatory transfer of juveniles to adult status for purposes of prosecution where: (1) a juvenile, after his sixteenth birthday, allegedly commits an offense that would be a felony if committed by an adult; (2) the offense involved the use, attempted use, or threatened use of physical force, or, by its very nature, involved a substantial risk that physical force would be used in committing the offense; and (3) the juvenile "has previously been found guilty of an act which if committed by an adult would have been" one of the enumerated offenses supporting discretionary transfer. See
The defendant's father visited her once when she was three months old. (Mitigation Report by Carmeta Albarus of CVA Consulting Services, Inc. ("Albarus Rep.") 4.) The defendant has had no additional contact with her father. (See
The parties' submissions state that the defendant met John Doe 2 for the first time while she was in Central Islip for Christmas in December 2013; however, CPS records indicate that the relationship began approximately seven months before the defendant traveled to Central Islip for Christmas.
Although the record is unclear, there is some indication that the defendant was briefly homeless. (See Albarus Rep. 11.)
At the May 18, 2018 hearing, defense counsel acknowledged that the defendant remains in communication with John Doe 1.
The government asserts that, according to the Bureau of Prisons, the defendant would be transferred to an adult facility when she turned twenty-one even if she were convicted as a juvenile. (Gov't Mem. 29.) Defense counsel asserts that the defendant could remain in a juvenile detention facility for the duration of her sentence, which would be limited to five years' imprisonment. (Def. Mem. 10.) Even assuming that the defendant could remain in a juvenile detention facility for the five-year statutory maximum, the Court finds that it is unlikely that the defendant would successfully rehabilitate in that time.
The Court acknowledges that some courts have found that a juvenile defendant's unstable or abusive family life weighed against transfer. See, e.g., United States v. Doe # 1 ,
Defense counsel concedes that "this factor weighs in favor of transfer, given the inarguable seriousness of the charged offenses." (Def. Mem. 21.)
There is a circuit split as to whether this factor is limited to convictions, or encompasses unadjudicated conduct like prior arrests. Compare United States v. Wilson ,
Accordingly, the government concedes that this factor "may weigh slightly against transfer." (Gov't Mem. 29.)
Defense counsel also asserts that there is a juvenile facility in Washington, D.C. (Def. Mem. 31 n. 3.)
Although the Court finds that this factor and the previous factor weigh slightly against transfer, the Court also finds that these factors do not warrant maintaining the defendant's juvenile status because the overall balancing of the statutory factors overwhelmingly favors transfer.
Reference
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- United States v. JUVENILE FEMALE
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