I've been here for 22 days. I've been in and out a bunch of times. At home I have a mom and dad and four younger brothers and sisters and an older brother and sister. I had an older sister who committed suicide a few years ago. I'm in the 9th grade. I would like to go to college. I received my first violation by stealing a car on drugs, then I overdosed on Benadryl and they found me passed out. I'll be here for 30 days and then I'll go to court with my parents. My mom is a CDC counselor, my dad is a construction worker. We're Tlingit-Haida. My parents moved us from LA to here, they have been sober for 11 years. We do more than the adults do, and they know that. I want to get into the ARCH treatment facility in the city. It's a program for drug abuse and chemical dependency. I'm the only girl here.
—N., age 14
_MG_2253
Cheryle:
Sometimes I wish we had left the country. We had that weekend, we could have run away. But we had no idea. We knew he was innocent. We went on vacation. We were so naïve. I used to believe in the system. Now I am angry with myself for believing. Devastated that something like this can happen, does happen. Looking back, there were so many things I would have done differently. But you can’t go back. It was the first time we’d been involved in the juvenile justice system. We hired a lawyer we heard was very good. We paid a fortune. My daughter sold her house to pay for him. He let us down immensely.”
[superquote]I used to believe in the system. Now I am angry with myself for believing. Devastated that something like this can happen, does happen.[/superquote]
One of my biggest regrets, since we were all going to testify as witnesses, we couldn’t be in the court during Anthony’s proceedings. We waited in the hall every day, waiting to go in, waiting to hear news. Since we weren’t in the room, we couldn’t know exactly how bad our lawyer was.
The juror selection was completely unjust: how was it that when I looked across the room at the jury pool I recognized so many faces? Lake County is HUGE, why couldn’t they pull a more diverse selection of jurors? One of the jurors was from our little community. He was an Elk’s Club member. His wife and the prosecutor’s mother knew each other. This juror gave another juror a ride home to Whiting each day, discussing the case in the car. The trouble with this juror began when he was first selected. He was a neighbor of a niece; it was not a friendly relationship. We knew that it would be wrong for him to be on the jury. My daughter wrote a note during jury selection and asked our lawyer not to allow this juror on the jury. The Judge saw the note being passed to the lawyer and called him to the bench she asked him if there was a problem with the juror and he said, “we already picked him.” A witness came to us during the trial and said they had seen yet another juror hugging a member of the dead boy’s family. We were told by our lawyer, “don’t bring these things up it will anger the Judge.” An alternate juror was so outraged by what had taken place in the jury deliberation, she called our lawyer crying. She told us how jurors were convinced to change their votes to guilty. How the evidence that was used to convict Anthony was that he wore a school uniform and there was someone seen in the area wearing a uniform. The school was a couple blocks way; there must have been many kids in the area in uniform. The other so-called evidence was that he was not on the phone for 17 minutes that afternoon. The prosecutor said in his closing arguments that the murder took 17 minutes. How would he know how long it took to murder this poor boy? There were other times throughout the day that Anthony had not been on the phone. When he came to my house I made him get off the phone to talk to the family. This was not evidence; this had nothing to do with the murder. The DNA is not Anthony’s. The eye witness said it wasn’t Anthony.
[superquote]Our whole family life has been turned completely upside down. It’s so rough right now.[/superquote]
Our whole family life has been turned completely upside down. It’s so rough right now. My granddaughter, Anthony’s little sister, hasn’t been getting enough attention from us. She got lost in all of this. She told one of her friends at school about the whole thing and the parents of the friend forbid their friendship. So she just holds it in, doesn’t tell anyone for fear of reprisal. I have started homeschooling her. She was being bullied. I woke up one morning and realized that whatever energy I had left needed to go towards helping her. She sees a counselor now. At first she didn’t want to visit Anthony, she was scared and so young. But now she visits. We bring in all the kids: the cousins, my 3-year-old grandson, Anthony loves him. Some people question why we bring them in. But they have a right to know each other. He didn’t do anything wrong. Grace [Bauer, of Justice For Families] says you have to do things however you see fit, whatever works for your family. Anthony loves the kids. He talks about driving a car and having kids of his own someday.”
After The Sentencing
“We had a Writ of Cert that was reviewed and denied by the Supreme Court on November 30th. Getting the Writ cost us $8,500.00. My daughter already sold her house, so she sold her car. This should be a right for EVERYONE. It should not be this cost-prohibitive. At least we have these things to sell. It is a sad truth in this system that if you have money, you have a better chance. If you have money and connections you might fare better. There are so many people who can’t afford to take the system on, on any level.”
[superquote]My grandson is innocent. But even for kids who did do something wrong, 60 years is a lifetime.[/superquote]
My organization, Indiana Families United for Juvenile Justice, had a panel discussion at Purdue University on February 28th, 2013. Grace Bauer of Families For Justice was there, and Karen Grau, Producer of MSNBC’s Young Kids Hard Time, attended. She has met Anthony and she has said how much she likes him. She said he is quiet, and very nice. Those words mean the world to my family. Mark Clemens from Chicago attended. He spoke about being in prison since the age of 16, 28 years for a crime he did not commit. His strength gives us strength. In April I will be attending the JDAI National Inter-site conference in Atlanta, Georgia. Attending will be 180 sites from 39 states and over 700 Juvenile Justice System folks. I am doing what I can to help other families. To be for them what I didn’t have when we started this. Grace has been and is always there for me. I wouldn’t have made it without her. She keeps me hanging on. She tells me, “You can’t let em’ beat you down.” We want to make a manual for other parents and families that are going through this. It’s a complex, often shadowy thing, the juvenile justice system. For many of those involved it’s basically inaccessible. If you don’t have a computer, don’t have internet, you can’t look things up or communicate with others in your position. Having a network is key. Every time something changes in Anthony’s case I email and text everyone to get more advice and information. There is so much I don’t understand.”
My grandson is innocent. But even for kids who did do something wrong, 60 years is a lifetime. These are children. They cannot drive, cannot vote, cannot make adult decisions but they can be tried as adults and can receive sometimes even longer sentences than adults for the same type of offences. When we used to visit, Anthony would sit there and say, just tell them I didn’t do it. He tells us he will do whatever it takes; he just wants to come home. Before this, Anthony was beginning 9th grade. In December he celebrated his 5th birthday in prison.
[superquote]He missed his freshman year, his freshman dance, his prom, getting his driver’s license. What more must he lose out on before he is allowed to come home?[/superquote]
He tells me I feel like I’m 15. I don’t feel like I’m any older. How could he not feel this way? He’s frozen in time and hasn’t been in the world since he was 15. Anthony is in a good program at his prison. He earned his GED and is starting college classes. Because of this program he was able to order rotisserie chicken last week. He told us his tears just came rolling down his face when he bit into the chicken. It breaks my heart that he has lost so much. He missed his freshman year, his freshman dance, his prom, getting his driver’s license. What more must he lose out on before he is allowed to come home?