Letter to the Editor

In July 2004, after almost two years of county jail incarceration awaiting trial after his arrest at age 13, Tyler Edmonds was tried for the murder of his half sister's husband in Starkville, Mississippi. For the two years between his arrest and trial the trial judge, James Kitchens, denied almost every single significant defense motion, including ignoring a federal court decision to allow bond for this 13 year old boy. At trial the disdain Judge Kitchens held continued for this child.

Tyler had given a video taped confession for the crime, saying he and his half sister (who still awaits trial) had "pulled the trigger together" on the weapon which killed the victim. Just three days later, Tyler (again, on video) recanted that confession and said that he had been coerced into the confession by his half sister because she had told him she might receive the death penalty for the crime, but he would be charged as a juvenile. Tyler took the bait and gave the initial confession. Police allowed Tyler a private meeting with his half sister (co-defendant Kristie Fulgham) before he gave the confession, yet refused to allow Tyler's mother access to her son (as she banged on the interrogation room door). As soon as Tyler discovered that his sister had lied and that he would be charged as an adult, he recanted and told of the coercion. Luckily the authorities video taped his recantation.

During his trial, 15 year old Tyler, wanted to present a nationally recognized expert on juvenile false confessions so that the jury could understand the pathology of the false confession and the coercive affect of his love for his half sister. Judge Kitchens refused to allow the expert to give testimony. However, when the prosecution presented an uncertified state pathologist to opine that "two fingers pulled the murder weapon's trigger" Kitchens allowed that testimony, despite strong defense objections. Without a murder weapon (never recovered) or gun powder residue determinations
on either Tyler or his half sister, such an opinion was ridiculously erroneous and clearly prejudicial . . yet Kitchens allowed it.

The jury, not realizing this young boy could be sentenced in such a fashion (they asked about sentencing during deliberations, but the judge would not let them know the guidelines, yet he had told them Tyler could not be sentenced to death before the trial), the jury convicted Tyler. Kitchens then proceeded to sentence 15 year old Tyler Edmonds to life in prison, as the boy broke down in court. Kitchens told him "I know you were misled by your (adult) sister, but
now you have to live with it."

While Kitchens was bound by the horrible affects of Mississippi's minimum mandatory sentencing rules (for adults), his unfair trial antics prevented Tyler from a well deserved acquittal. Tyler is now in the maximum security Walnut Grove facility. What was Judge Kitchen's motive? He had just gotten on the bench, but as a former prosecutor for the same district, had faced Tyler's attorneys in the past and did not like them. Tyler was convicted because the trial
judge acted as a second seat prosecutor.

Tyler NEVER should have been tried as an adult. He was only 13 years old, NEVER in trouble with the law, a 7th grade honor student with a good record, never showed violent tendencies and (if you believe the prosecution theory) he was DIRECTLY influenced by an adult (his co-defendant half sister).

Tyler's attorneys, Jim Waide and Rob McDuff filed an appeal on his behalf and the Mississippi Court of Appeals will hear oral arguments on December 13th, 2005. I speak to Tyler almost every day from prison, where the institution of high walls and razor wire have slowly started to destroy this now 16 year old boy. He is trying hard to survive, even earning his high school diploma through a correspondence course (he could not attend classes at the facility, because it would be too dangerous for him in general population). He has discovered writing and poetry, from which he expresses his depression and sadness over the miscarriage of justice he experienced. He is a wonderful boy; a terrific kid who was failed by the justice system.

Mississippi citizens, parents, and leaders need to realize the fact that a miscarriage of justice has occured and its victim is a child.

John Paul Osborn
Union, New Jersey
www.osbornandson.com
www.justiceforjuveniles.org
www.kidsincourt.net