Cyntoia Brown, now 30, was sentenced to life in prison at 16 for the murder of a stranger who picked her up at a fast food restaurant. Her attorneys argue her life sentence is unconstitutional.
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| © Lacy Atkins / The Tennessean Cyntoia Brown, the Nashville woman sentenced to life in prison at age 16 for the murder of a stranger who picked her up at a fast food restaurant, enters her clemency hearing Wednesday, May 23, 2018, at Tennessee Prison for Women in Nashville, Tenn. It is her first bid for freedom before a parole board since the 2004 crime. |
By Adam Tamburin, USA TODAY
CINCINNATI
A federal appeals court seems poised to consult the Tennessee Supreme Court before they rule on the case of Cyntoia Brown, a Tennessee woman serving a life sentence in prison for a murder she committed at 16.
Brown's
attorneys this year appealed to the 6th U.S. Circuit Court of Appeals
in Cincinnati, arguing her life sentence was unconstitutional. The U.S.
Supreme Court ruled in 2012 that giving juveniles life sentences without
parole was cruel and unusual in most cases.
Brown, now 30, of
Nashville, Tennessee, has been locked up since 2004, when she was
convicted of shooting Nashville real estate agent Johnny Allen. Allen,
43, had picked her up at a fast food restaurant and drove her to his
home.
Prosecutors
said she committed a cold blooded murder, then robbed Allen before she
fled with his car. Advocates for Brown say she was a victim of child sex
trafficking who feared for her life, and that her age and fetal alcohol
syndrome made it impossible for her to consider the full ramifications
of her actions.
The three-judge
panel in Cincinnati suggested at multiple points that if she was
serving a 51-year sentence, the U.S. Supreme Court ruling might not
apply.
But Brown's attorneys pushed back, citing another section
of the law that says "there shall be no release eligibility" for
offenders convicted of first degree murder, like she was.
Thorny
questions on sentencing law in Tennessee dominated the debate on both
sides of the oral arguments Thursday morning, which lasted less than an
hour.
Nashville attorney Mark Pickrell spoke for Brown's legal
team while Deputy Tennessee Attorney General John Bledsoe represented
the state.
At multiple points, the judges read directly from
contradictory passages in Tennessee code, as they tried to decipher what
portions applied to Brown's case.
They suggested that they might
seek clarification from the Tennessee Supreme Court before moving
forward. Judge Joan L. Larsen, who was appointed by President Donald
Trump, asked multiple questions about the proper way to do so.
During
oral arguments in the case Thursday morning, the appeals judges
repeatedly zeroed in on the apparent contradiction in Tennessee law.
They suggested they might seek clarification from the Tennessee Supreme
Court before moving forward.
U.S. Circuit Judge Amul Thapar, in
particular, another Trump appointee, aggressively questioned
the argument from state attorneys that case law had established a way to
cherry pick parts of Tennessee sentencing law to apply to Brown while
ignoring other parts.
Thapar rubbed his face and shook his head while questioning attorneys on dueling sections of the law.
"We're trying to guess what Tennessee is doing here," Thapar said, later adding, "The way I read this statute is that she's got life without the possibility of parole."
The Tennessee Court of Criminal Appeals
has already sided with the state on this issue, saying that Brown's
sentence is not entirely for life. But Brown's attorneys say the
Tennessee Court of Appeals issued a conflicting ruling.
U.S.
Circuit Judge Julia Smith Gibbons, who was appointed by former President
George W. Bush, said she couldn't believe a Tennessee court hadn't
issued a definitive ruling on the appropriate reading of the sentencing
law.
Gibbons said Brown's case "raises some interesting, tricky issues."
If
the panel does ask the Tennessee Supreme Court to clarify sentencing in
this case, that court could decide whether it would offer an answer.
The appeals court would then take the response into consideration while
ruling on the broader case.
"Can we certify that to the Tennessee
Supreme Court and ask them?" Thapar said. "If they're ever going to
answer one question that's the one to answer."
It is unclear when
the appeals court might act, either to consult the Tennessee Supreme
Court or to issue an opinion. It could be a matter of weeks or months.
The
pending federal appeal is one of multiple tracks Brown's attorneys are
pursuing in their high-profile attempt to get her out of prison. Brown
also is asking Tennessee Gov. Bill Haslam for clemency. The state parole
board made conflicting recommendations to the governor after a hearing
in May.
Brown's previous appeals have been denied. But a surge of interest from news outlets, celebrities and national legal groups has galvanized efforts that are unusual for a case like hers.
Brown
was featured in the documentary "Me Facing Life: Cyntoia's Story" by
filmmaker Dan Birman. In 2016, a joint reporting project on juvenile
sentencing laws by the USA TODAY NETWORK - Tennessee, Dan H. Birman
Productions and "Independent Lens" explored Brown's trial and conviction
in depth.
Then, in 2017, celebrities including Rihanna
and Kim Kardashian West called for Brown's release, dramatically
increasing the scrutiny of the case. On social media, the hashtag
#FreeCyntoiaBrown went viral.
Confusion over Tennessee sentencing laws dominated appeal hearing
Attorneys representing the state have argued the 2012 ruling from the U.S. Supreme Court does not apply in Brown's case because she is not serving a true life sentence. They cite parts of Tennessee law that suggest Brown could be eligible for release after 51 years behind bars."We're trying to guess what Tennessee is doing here," Thapar said, later adding, "The way I read this statute is that she's got life without the possibility of parole."
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