The Mississippi Court of Appeals has denied the chance of parole for a man who was found guilty of killing three people when he was 14 years old.
Kenneth Clemons, now 42, was sentenced to life over two decades ago for the triple homicide that happened in Neshoba County and took the lives of Mississippi Band of Choctaw Indian members Cecil Amos, Frankie Amos, and Shirley Ann Davis. On Tuesday, a judge ruled against his attorney’s argument that life in prison without the possibility of parole for a juvenile-committed crime is unconstitutional according to U.S. Supreme Court case Miller v. Alabama.
Appellate judges ruled that SCOTUS did not forbid life sentences without parole for juveniles; rather, they forbade mandatory life sentences without parole. It also argued that a life sentence for a juvenile could still be handed down if it followed several factors clarified through the Miller case. Factors include the defendant’s home environment, circumstances, and likelihood of rehabilitation.
“The Supreme Court has ‘mandated only that a sentencer follow a certain process – considering an offender’s youth and attendant characteristics – before imposing a life-sentence-without-parole sentence,” a portion of the ruling reads. “To separate those juveniles who may be sentenced to life without parole from those who may not.”
Court records show that Clemons and two others, including his brother, premeditated the 1996 murders of Davis, Cecil, and Frankie – the latter of whom was a paraplegic. After meeting to drink beer at the Nanih Waiya Cave, Clemons approached the group’s car and shot Cecil in the head. He then shot Frankie in the chest before killing Davis. All three were shot multiple times.
While Clemons’ mother has vouched that her son can be rehabilitated and the murders were the result of trauma induced by his father’s alcoholism, a forensic psychologist noted that Clemons has shown remorse, however, he continues to show aggression while locked up. Thus, the court believes Clemons would still be a danger to society if paroled.
The ruling was unanimous.
