Thursday,  July 18, 2013 • Vol. 15--No. 04 • 19 of 31

(Continued from page 18)

• Paul Dean Jensen Jr., of Pierre, was sentenced to life in prison without possibility of parole after he was convicted of murder, kidnapping, robbery and other offenses for the 1996 killing of cab driver Michael Hare near Fort Pierre. Jensen, now 31, argues that his sentence is illegal under last year's U.S. Supreme Court ruling.
• The Supreme Court said life sentences without parole for juveniles cannot be automatic, but it left open the possibility that judges could still sentence juveniles to life without parole after considering the circumstances of each case.
• Acting as his own lawyer, Jensen filed a 28-page, mostly handwritten motion asking that his sentence be declared illegal so he can be resentenced. He also asked that a lawyer be appointed to represent him in the case.
• South Dakota Attorney General Marty Jackley said he believes that under state law the U.S. Supreme Court ruling does not apply retroactively to Jensen's case and two other cases in which juvenile offenders were sentenced to life without parole. Even if the decision does apply retroactively, Jensen's prison term is unlikely to be affected because he also is serving a life sentence for kidnapping that was set at the trial judge's discretion, he said.
• At Jackley's urging, the Legislature this year changed the law that had required life sentences without parole for juveniles convicted of murder. In the future, judges will have discretion to impose sentences of up to life after considering the facts of each case, Jackley said.
• Stanley County State's Attorney Tom P. Maher declined to comment until he files a written response to Jensen's request. Maher, who was not the county prosecutor when Jensen was convicted and sentenced, said he is going through three boxes of records from the 1996 case.
• Prosecutors said Jensen and Shawn Cameron Springer, who was 16 at the time, had Hare drive them out of town and they robbed him of$36.48 before shooting him to death. Prosecutors said Jensen pulled the trigger. Springer was sentenced to 261 years in prison after pleading guilty to kidnapping, and a judge last month refused to reduce his sentence.
• In the motion filed in circuit court, Jensen said that the U.S. Supreme Court and various studies have found that 14-year-olds are immature, impulsive and susceptible to pressure from others. He said 14-year-olds also are more likely than older criminals to be rehabilitated, but his mandatory life sentence would require him to die in prison.
• "A typical fourteen-year-old who acts irresponsibly in reaction to a thrilling impulse or succumbs to peer pressure is not irretrievably depraved or permanently flawed. Nothing about his character is permanent, and he has years of development ahead, during which he can (and, in most cases, will) grow into a moral, law-abiding

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