(On appeal to the Supreme Court of Colorado)
 

In 1997, Gary Flakes was charged with murder in connection with an incident that occurred when Gary was 16 years old.  He was charged in adult court, rather than juvenile court, pursuant to Colorado’s direct file statute.  The jury acquitted him of the charges that were eligible for direct filing (first degree murder), and convicted him of accessory and criminally negligent homicide, crimes that are not eligible for direct filing.  Nonetheless, Gary was sentenced as an adult to 15 years in state prison with no opportunity to contest the prosecutor’s original decision that adult treatment was more appropriate than the standard juvenile treatment.  That is, under the existing sentencing scheme in Colorado, adolescents like Gary Flakes must be given adult sentences based on the prosecutor’s original decision to file charges in adult court even if they are ultimately convicted of charges that would not have made them eligible for adult prosecution, and even though they have no opportunity to challenge the transfer of jurisdiction.

In an amicus brief filed on June 5, 2006, NCYL, along with other non-profit advocacy organizations, asked the Supreme Court of Colorado to overturn the Court of Appeals decision allowing Gary to be sentenced as an adult.  The brief argues that the sentencing provisions of the direct file statute in Colorado are unconstitutional, violating equal protection, contravening separation of powers principles, and denying the due process rights of Gary Flakes and other similarly situated youth.  The brief reviews the social science research relied upon by the U.S. Supreme Court in Roper v. Simmons to show the critical developmental differences between juveniles and adults. The Juvenile Law Center was Counsel for Amicus, and joining NCYL on the brief were the Center for Children’s Law and Policy, the Northeast Regional Juvenile Defender Center, Pendulum Juvenile Justice, the Southern Juvenile Defender Center, the Center on Children and Families, the National Juvenile Defender Center, and the Southern Poverty Law Center.