Teen accused of double murder can’t be tried as adult, say justices

The state Supreme Court ruled Thursday that a 15-year-old accused of a double murder cannot be charged in adult court, concluding a 2018 law that amended Proposition 57 is constitutional.

Prosecutors in Ventura County, arguing that the law violated the state Constitution, prevailed before a superior court judge and the 2nd District Court of Appeal.

But Justice Joshua P. Groban, writing for a unanimous court, ruled the law was fully consistent with Proposition 57's purposes, even though the 2016 initiative allowed prosecutors to seek judicial approval to charge 14- and 15-year-old defendants in adult court for serious crimes.

"The amendment is fully consistent with and furthers Proposition 57's fundamental purposes of promoting rehabilitation of youthful offenders and reducing the prison population," Groban wrote.

Groban added that the initiative included language saying it may be amended, as the Legislature did, if the change is consistent with its intent. O.G. v.Superior Court, 2021 DJDAR 1807 (California Sup. Ct, filed Nov. 7, 2019).

Jennifer M. Hansen, an attorney with the California Appellate Project who represented the accused teen, said six other state appellate panels had found SB 1391, which went into effect Jan. 1, 2019, constitutional.

The 2nd District panel finding that the law unconstitutional was an outlier, she said.

"Voters gave the Legislature the authority to amend the juvenile transfer provisions, by majority, provided any amendment was consistent with and furthered the intent of Proposition 57," Hansen wrote in a brief to the court.

"I'm relieved they found this was a lawful amendment," Hansen said of the court's decision. "I had the attorney general's office on my side, which is rare in my career."

She said O.G.'s case, in which he was accused of killing two people, will be handled in juvenile court.

Attorney General Xavier Becerra's brief in favor of the defendant was one of several filed in the case. The California District Attorneys Association filed a brief supporting the Ventura County district attorney.

Then-Los Angeles County District Attorney Jackie Lacey filed an amicus brief siding with Ventura County and citing two juvenile defendants with cases pending in her county at the time.

But District Attorney George Gascon, who unseated Lacey in November's election, hailed Thursday's ruling in a statement.

Ventura County District Attorney Erik A. Nasarenko said in a statement he was "disappointed in the outcome" but understood the Supreme Court's reasoning.

"Our office does not intend to appeal the court's decision," he added.

Deputy District Attorney Michelle J. Contois told justices during oral arguments in December that early drafts of Proposition 57 did not allow 14- and 15-year-olds to be tried in adult court, adding that voters should get to decide that question.

Her argument failed to persuade the court, which ruled unanimously that SB 1391 was a constitutional amendment to Proposition 57. The panel included 1st District Court of Appeal Presiding Justice J. Anthony Kline.

"In this case, under a reasonable construction of Proposition 57, Senate Bill 1391 is consistent with and furthers each of the proposition's enumerated purposes," Groban wrote. "That is all that is necessary in order for us to hold that Senate Bill 1391 was lawfully enacted."