OUR STORY IN THE WORDS OF STEPHAN'S MOM

On March 1, 2010 my 20 year-old son, Stephan, was sentenced to 20 years in prison for a traffic accident that resulted in two fatalities. The accident took place at 5:45 p.m. on Monday, December 22, 2008. At the time of the accident, Stephan had the green light, was not under the influence of any substance, and was not on his cell phone. The other driver made a left-hand turn in front of him. If you believe the prosecutor and the media, my son was drag racing. As you know, the media likes to sensationalize things. The truth would not have garnered the same attention.

Unfortunately, the truth never came out. Stephan did not have a trial. Because we are not a family of means, Stephan was assigned a Public Defender. Had we been able to afford an attorney, I do not believe Stephan would be in the situation he is now. Florida has a Youthful Offender law in which those who are under 21 years of age at the time of sentencing can receive a much lighter sentence. Due to court calendar double booking and a shortage of judges, Stephan would not be able to have a trial prior to turning 21 on March 6, 2010. Although Stephan knew this, he wanted to have a trial and he made this very clear to his Public Defender; he said it was the hardest decision that he had to make in his life. However, through what I believe to be persuasive coercion, inferred or actual promises, and against his whole being, he made an Alford Plea on March 1 (before his 21st birthday). In the very first phone call that Stephan received from his Public Defender months earlier, she said she wanted him to plea before his 21st birthday. I guess she got what she wanted.

The judge received twenty-five character references from friends, parents, and his high school NJROTC Commander and Chief, along with many other documents showing Stephan’s academic and athletic achievements. These included the National Honor Society, a $250,000 Marine ROTC scholarship, acceptance to Embry Riddle Aeronautical University, and the Ryan J. Sorenson scholarship. The judge’s response was to say that because Stephan was mature, and was not under the influence, he was sentencing him to 20 years, rather than under the Youthful Offender guidelines. Having the qualities that society admires in their young people – intelligence, moral character, a strong work ethic, responsible, community service, no use of drugs, alcohol or cigarettes – resulted in a harsh sentence rather than leniency. As any parent knows, just because a young person is smart and responsible most of the time, does not mean they do not do something stupid and irresponsible sometimes.

When I walked out of the courtroom, I was devastated. I did not know what to do. Within 24 hours, the word had spread about Stephan’s harsh sentence. All of the people who know or knew Stephan were outraged. They know he is not the young man that was portrayed in the media. He is kind, considerate, honorable, ethical, responsible, and cares about people and animals. A good friend started a Facebook page to “save Stephan,” and his girlfriend started calling attorneys. There were over 100 “friends” within two days and more friends are being added every day. My grief was replaced by hope; a hope that my son would not be in prison for 20 years; that through the support and financial contribution of those who know and love Stephan, that we could change this travesty of justice.

Through the generous contribution of some parents, we were able to retain an attorney to start the process of withdrawing Stephan’s plea and/or an appeal. However, this is only the first step. It is anticipated that Stephan will have the trial that he was previously denied, where all of the information regarding what happened that tragic evening will come out. Please, sign the petition and give attention to his case and allow him to finally have a trial by a jury of his peers, a constitutional right! His website is here please check out the website if you want to learn more about the case or donate to his cause!

Thank you to everyone for your support and for giving me hope. May you be richly bless you.

Stephan’s Mom,

Cherie Hamil