CEDRIC TOOKS
CEDRIC TOOKS Re-sentencing hearing February 26, 2025
By Diane Bukowski
VOD’s Editor Diane Bukowski and legal analyst Travis Herndon attended a hearing Feb. 26 for Cedric Tooks, now 65, who has been in prison since 1978 on first-degree murder and other charges. He has always declared he is innocent. Tooks was 19 at the time, and is waiting for a final ruling from the Michigan Supreme Court on the cases above, deciding whether the age of “juvenile offenders” will be extended to 19 and above (the age was previously extended from 17 to 18). Tooks’ case was adjourned until April 25 in anticipation of the full Michigan Supreme Court rulings.
Charles Lewis with Atty. Sanford Schulman at resentencing Oct. 17, 2019. VOD photo
Tooks’ attorney is Sanford Schulman, who also represented Charles Lewis, a juvenile lifer charged with murder at the age of 17, who served 42 years before he won re-sentencing on October 17, 2019. VOD published dozens of stories on Lewis’ case covering multiple separate re-sentencing hearings.
Wayne County AP Tom Dawson asked for him to be re-sentenced to 50-100 years (the case involved the killing of a white off-duty policeman, which Lewis has always said he did not commit). Judge Qiana Lillard finally released him, re-sentencing him to 40-60 years. Lewis appeared at Tooks’ hearing on Zoom to support him. Tooks told Judge Kelly A. Ramsey that he had grown up with Lewis on Detroit’s east side and that they were essentially “family.” Lewis told VOD he lived on Pennsylvania, and the Tooks family lived on St. Clair, and the two went to junior high school together.
Channel 4 Detroit’s report on Charles Lewis Oct. 17, 2019 re-sentencing. Also see: CHARLES LEWIS IS FREE! INNOCENT JUV. LIFER RELEASED OCT. 17 AFTER 42 YRS; WILL RESUME MUSICAL CAREER | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought and JUV. LIFER CHARLES LEWIS—FREE AT LAST? FINAL HEARING TUES. OCT. 15, 9AM, JUDGE LILLARD, FMHJ | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought, ________________________________________________________
Michigan Supreme Court Decision Could Give Hope To Incarcerated Citizens Serving Life Without Parole For Crimes Committed Under Age 21?
By Mario Smith-Bey #401181
February 25, 2025
Mario Smith-Bey
On January 22, 2025, the Michigan Supreme Court heard oral arguments in people versus; Antonio Poole, Andrew Czarnecki, and M0ntario Taylor to determine if mandatory life without parole runs afoul of the Michigan Constitution, in violation of cruel and unusual punishment for defendants who were convicted of 1st Degree Murder under age 21, and whether its decision should be applied retroactively.
On June 20, 2012, the United States Supreme Court in Miller v. Alabama created a new legal landscape when it declared, “mandatory life without parole unconstitutional” for defendants who commit 1st Degree Murder under the age of 18. However, the court noted life without parole shall be reserved for the rare cases where the juvenile is incapable of being rehabilitated.
Since this ruling several states, including Michigan, are seeking to expand this landmark ruling due to extensive research in neurodevelopmental science noting the human brain does not fully mature until age 26. Therefore, the juvenile offender cannot appreciate the risks and consequences of their actions because of their immaturity. However, offenders should still be held accountable and given a second chance after demonstrating corrigibility.
Atty. Maya Menlo
In support of this scientific evidence, Maya Menlo, State Appellate Defender, shared success stories of hundreds of former juvenile lifers whose crimes were committed under age 18 during oral arguments. She highlighted how they had been released back into society after serving several decades, and are now considered “law abiding citizens.” This included a recent release of a few juveniles who were 18 years old at the time of the offense.
AP Timothy Baughman
Opposing this notion, Timothy Baughman, of the Wayne County Prosecutor’s Office argued anyone who is convicted of 1st Degree Murder should “die in prison” no matter the age at the time the crime was committed, because the defendants were judged by a jury of their peers. This is a blatant misrepresentation of the actual demographics of who is considered “a jury of their peers”.
Approximately 72% of juveniles serving life without parole are from the City of Detroit, however, 70% of the jurors are polled from the Wayne County suburbs area. To wit: Livonia, Dearborn, Westland, River Rouge, etc… where crimes are low and the population are mostly, if not all Caucasian and middle class.
On the other hand, 83% of juveniles serving life sentences in Michigan are African-American. Menlo pointed out to the court that the United States Supreme Court declared it unconstitutional to sentence a juvenile to the death penalty in Roper v. Simons. Also, in Adkins v. Virginia the United States Supreme Court noted it was cruel and unusual punishment to sentence someone who is considered mentally retarded to the death penalty. Finally, the court in Miller v Alabama announced it is unconstitutional for a juvenile to serve mandatory life without parole.
WCP Kym Worthy recommended renewed LWOP for 50 juvenile lifers when other county prosecutors in Michigan recommended re-sentencing for most. It seriously delayed the release of these juvenile lifers.
The above cases are proof that society has evolved to a higher standard of decency and realizes that people are capable of change regardless of their circumstances. People are not born criminals. Some people are born with mental deficiencies that are misdiagnosed as criminal behavior. Often, socially unacceptable behavior is learned behavior. As they say: “Hurt people, hurt people.”
Once we understand the “why”, then we can work on an effective solution. In the book of Genesis, the first violent crime recorded upon mankind is when Cain killed his brother Abel, and other crimes followed by many tribes. God sent plagues and punishment for breaking his law, but yet, crime still burdens us today.
Hence, there is no “Tough On Crime” magic wand legislation that changes the minds of the people! It only creates mass incarceration of poor people and people with mental health deficiencies. If we continue to judge each other on our past acts, then our present will always burden us.
Decades of research in Michigan and other jurisdictions shows:
1). People who commit homicides or sex offenses have extremely low re-offense rates overall and almost never return to prison for committing a new crime of the same type. The fact that someone committed a very serious offense in the past does not mean they are currently a risk to the public.
2). There is no evidence that keeping someone incarcerated longer increases public safety.
We anticipate the Michigan Supreme Court will make their decision by spring of 2025.
References:
People v. Poole; People v. Czarnecki; People v. Taylor; Miller v. Alabama; Roper v. Simmons; Adkins v. Virginia; Genesis 4-7; Citizens Alliance on Prisons & Public Spending ______________________________________________________________
HUNDREDS OF MDOC PRISONERS AWAIT RESULTS OF CASE THAT AIMS TO MAKE 1980 PEOPLE V. AARON (FELONY MURDER) RETROACTIVE.
By Diane Bukowski
February 25, 2025
Edwin Lamar Langston
In total, there are at least 1,095 persons incarcerated for felony murder in Michigan (comprising 8.68% of all murder convictions). Of these individuals, 1,004 were sentenced to life in prison. This is despite a historic state Supreme Court 1980 ruling outlawing such sentences in People v. Aaron.
The Michigan Supreme Court summarized its 1980 ruling in the statements below, but did not provide for the ruling to extend retroactively. Prisoners charged with felony murder have long been awaiting the ruling to be made retroactive.
“We conclude that Michigan has no statutory felony-murder rule which allows the mental element of murder to be satisfied by proof of the intention to commit the underlying felony.
Today we exercise our role in the development of the common law by abrogating the common-law felony-murder rule. We hold that in order to convict a defendant of murder, as that term is defined by Michigan case law, it must be shown that he acted with intent to kill or to inflict great bodily harm or with a wanton and willful disregard of the likelihood that the natural tendency of his behavior is to cause death or great bodily harm. We further hold that the issue of malice must always be submitted to the jury.
*734 The first-degree murder statute will continue to operate in that all murder committed in the perpetration or attempted perpetration of the enumerated felonies will be elevated to first-degree murder.
This decision shall apply to all trials in progress and those occurring after the date of this opinion.”
RELATED:
JUV. LIFER CHARLES LEWIS—FREE AT LAST? FINAL HEARING TUES. OCT. 15, 9AM, JUDGE LILLARD, FMHJ | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought This story has links to numerous other stories on juvenile lifers which VOD published prior to 2019. Since then, additional stories on JLWOP have been published. See:
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