Jacob Ind

To:  The Colorado Governor and Clemency Board

Requesting clemency for Jacob Ind.

Jacob Ind is currently 29 years old and serving two life sentences without the possibility of parole for the murder of his abusive parents at age 15.

From the time Jacob was an INFANT, his mother subjected him to sexual abuse. His stepfather began sexually abusing him at the age of 5. He has no memory of life without physical and emotional abuse...and TERROR. The abuse escalated in the months prior to the shootings, when his older brother became emancipated and moved out of the home.

Some jurors were horrified when they learned of information they never heard during the trial, and greatly disturbed by the sentence the judge had no choice but impose. THEY HAD NO IDEA THAT CONVICTING JACOB OF FIRST DEGREE MURDER MEANT a mandatory life without parole sentence. Before agreeing to convict Jacob, they said the judge would be "fair" with Jacob. Some jurors have spoken out asking that Jacob be freed.

Judge Looney publicly lamented the fact that she had no other option. She did not want to sentence Jacob to life without parole. Once a district attorney in Colorado charges a juvenile as an adult, the judge has no discretionary power in sentencing.

Pendulum Foundation conducted a Ridder Braden Poll. The question asked, "When applying for clemency from the Governor, should a juvenile who kills a parent, but is shown to have been molested by the parent be treated the same as other applicants, or given more lenient treatment?"

Favor = 92% Don't know or Not Applicable = 8%

Jacob had just turned 15 at the time of the shooting. Just as DNA is new science, so is the new science that proves the brain is not fully developed until we reach 25. Reasoning, judgment and consequences are lacking in the 14/15 year old brain, as well as the 18/19 year old. Many would say a child is not competent to stand trial, based solely on the maturity of their brain. A highly abusive childhood further inhibits the growth of the part of the brain responsible for decision-making, and makes it even harder to act rationally.

Information gathered by the Human Rights Watch http://hrw.org/reports/2005/us1005/6.htm#_Toc114638407
points out differences in brain development between children and adults.

In a report released by the United Nations Human Rights Committee July 28, 2006 expressed “concern” over state laws that allow juvenile offenders to be incarcerated for life and has asked the U.S. to ensure that no juvenile is sentenced to life without parole.
http://www.aclumich.org/modules.php?name=News&file=article&sid=494

In Roper v Simons the American Medical Association, American Psychiatric Association, American Society for Adolescent Psychiatry, American Academy of Child and Adolescent Psychiatry, American Academy of Psychiatry and the Law, National Association of Social Workers, Missouri Chapter of the National Association of Social Workers, and National Mental Health Association. have filed a brief on behalf of Simmons suggesting that older adolescents may not yet have the ability to exercise adult impulse control because their brains have not fully matured. To put 16- or 17-year-olds to death, the brief argues, would be "to hold them accountable ... for the immaturity of their neural anatomy and psychological development."
The McArthur report finds juveniles not competent to stand trial. http://www.macfound.org/site/c.lkLXJ8MQKrH/b.1038727/apps/s/content.asp?ct=1623469

Sentences like Jacob's are banned by the International Treaty and condemned by groups such as U.S. Counsel of Catholic Bishops.

Juvenile offenders have a marvelous rate of rehabilitation. Children who kill their abusive parents to save themselves almost never re-offend. Michael Bresnahan received clemency from Governor Dick Lamm and went on to become a medical doctor.

Jacob has done well for himself in prison. Life there, no matter how horrendous, has been easier for him than his childhood of unbelievable abuse. He has earned a PhD in Theology, and learned to write Greek, and Aramaic. He speaks some German and Spanish. He also tutors fellow prisoners in remedial reading.

We ask that you take this into consideration and give Jacob clemency.

Sincerely,

The Undersigned

The Jacob Ind Petition to The Colorado Governor and Clemency Board was created by members of the Pendulum Teen Team and written by Vickie Hatton (vhatton@bellsouth.net).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.

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