Date: 4/13/2011 5:45 PM
JOHN MILLER,Associated Press
BOISE, Idaho (AP) — The appeals lawyer for a Pocatello man convicted of killing a high school classmate nearly five years ago asked Idaho Supreme Court justices on Wednesday to dump his conviction or reduce his sentence.
Sentencing Brian Draper — who was 16 at the time of the crime — to life in prison without the possibility of parole would be unconstitutionally cruel, state appellate public defender Molly Huskey told justices.
Draper and Torey Adamcik were convicted of stabbing to death Cassie Jo Stoddard, a Pocatello High School junior, on Sept. 22, 2006. All three were 16. Draper and Adamcik then videotaped their reaction, a recording that featured prominently in their separate trials a year later.
Draper and Adamcik received a fixed life sentence for first-degree murder and 30 years-to-life for conspiracy.
Huskey argued a district court judge erred in sentencing Draper to the fixed life term. Huskey said her client's immaturity and poor judgment were partially attributable to his youth at the time of the crime and that he deserved a chance for release. She also said the jury received erroneous instructions.
"Even if this court finds that a fixed life sentence can be imposed on a juvenile, that sentence cannot be imposed based solely on the egregiousness of the offense," Huskey said.
If justices won't vacate his conviction, she wants them to give him a life sentence that allows for his release after 30 years.
Adamcik had a similar hearing with Idaho's high court last September in a bid to overturn his sentence and conviction, but justices haven't yet come back with a decision.
Idaho state deputy attorney general John McKinney urged the state high court to uphold the ruling.
McKinney cited Draper and Adamcik's video, which showed their excitement immediately following the slaying where Stoddard was stabbed more than 30 times in the house where she was pet-sitting for a family friend.
That recording, McKinney said, showed how Draper turned on Stoddart only to experience taking another person's life — even if it happened to be the life of a friend.
"It doesn't get any worse than that," McKinney said. "He did it for the thrill of killing somebody."
There's no date set for justices to rule on Draper's appeal.
Pamela Draper, Brian's mother, told The Associated Press through tears on Wednesday, "We're just holding it together."
Before the hearing, Stoddart's mother, Anna, and grandfather Paul Cisneros described the pain of losing a relative to violent crime.
"We've come to watch what happens — and to show we care," Cisneros said.
Following the hearing, Draper's parents waited to speak to Stoddart's family.
"Every time we see you, we just feel terrible," an emotional Kerry Draper told Anna Stoddart. "I know it's our son, and we still feel the need to support him. But we just feel terrible."
Draper and Adamcik are now at the Idaho State Correctional Institution.
(6) comments
I agree 100%.
Life in prison is uncostitutionally cruel. You have got to be kidding me . What about what they did to Cassie. I think that is cruel. This beautiful precious young woman does not have a life anymore because of these monsters and they think spending the rest of their life in prison is cruel. At least they still have a life. Cassie does not. They only reason these monsters are appealipng their verdict is because they think they are above the law and should be able to murder whoever they want to and get away with it scott free. The only regret this two have about killing Cassie is the fact that they got caught. After they killed Cassie they had a party to celebrate her death complete with booze, drugs, dancing and laughing.
Both Brian and Tory planed and executed their plan to murder Cassie Stoddart. And now one of them miserable killers is asking to have his sentence vacated and for a new trial. Claiming his life sentence is cruel and that the jury was given improper instructions. Maybe his parents would feel a bit differently if it was their kid rotting in the ground after two friends stabbed him to death. Well I guess there is always the possibility he might make another prisoner mad with a shank. My self I think being stabbed to death by your friends and then left for dead, just for fun is truly cruel. As for the sentence they got I think life in prison was not enough, they needed to be buried on prison grounds with in the prison walls. And their parents need to be held financially responsible for their kids actions .[smile]
They went to that house with the intent of killing two people. Just happened that the male had left the house earlier. I am sure that their lack of maturity played a role in the murder, our prison system is loaded with immature killers. They got what they deserved!
It's true, sentencing Brian Draper to life in prison without parole is cruel. Based on the evidence, especially the video, he should have been put to death long ago.
You can't blame this on "poor judgment" "attributable to his youth". No, this was a well-thought out, cold-blooded murder with no feelings of remorse whatsoever. There is no way that someone that monstrous should ever be allowed to function outside the walls of a prison facility.
After all, I bet Cassie Jo Stoddart's family would like the ability to have her death sentence by these two boys reduced as well, but that's simply impossible. So, it should be just as impossible for these two boys to have their sentences reduced, unless it is simply changed to a death sentence.
Why a new trial? The evidence shows you and Torey on tape discussing and plotting Cassie's murder. There should be no new trial. You're wasting taxpayers' time and money. The remarks that you both made stating that murder is freedom, I think not!
You committed a horrific crime!!! Brian, you are where you belong, get use to it.
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