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Pre-Teen Killer Rejected by Top U.S. Court on 30-Year Sentence

By Greg Stohr

April 14 (Bloomberg) -- The U.S. Supreme Court refused to hear an appeal from a South Carolina youth who was sentenced to 30 years in prison without the possibility of parole for murdering his grandparents when he was 12 years old.

Lawyers for Christopher Pittman argued unsuccessfully that the sentence violates the constitutional ban on cruel and unusual punishment. The appeal said Pittman is the only inmate serving such a long sentence for an offense committed at that age.

``On the day of the tragic murders, 12-year-old Christopher Pittman was -- in mind, body and temperament -- a young child,'' his lawyers argued. They also said the anti-depressant Pittman was taking, Pfizer Inc.'s Zoloft, may have played a role in the shooting.

The South Carolina Supreme Court upheld Pittman's sentence, calling it warranted for the ``brutal'' 2001 shooting of his sleeping grandparents, Joe Frank and Joy Pittman. The state's attorney general, Henry Dargan McMaster, urged the Supreme Court not to hear the appeal.

Pittman ``displayed a level of culpability that belies his young age, and his minimum sentence is not grossly disproportionate to the murder of two elderly people as they lay in their bed,'' McMaster argued.

Cruel and Unusual

In rejecting the case, the justices opted not to expand their review of the prohibition on cruel and unusual punishment. The justices already are evaluating the lethal injection method used in executions and this week will consider whether the Constitution bars the execution of a man convicted of raping an 8-year-old girl.

Pittman's lawyers, led by University of Texas law professor Michael Sturley, argued that half the U.S. states don't permit 12-year-olds to be tried as an adult and all the rest, except South Carolina, have in practice rejected such a harsh sentence for such a young child.

The appeal faulted South Carolina for making the 30-year sentence mandatory and not letting the sentencing judge consider Pittman's youth as a mitigating factor. Sturley also argued that ``international norms and practices confirm the unacceptability of such a harsh sentence for such a young child.''

In his brief, McMaster pointed to what he said was a trend ``towards increased punishment for violent juvenile offenders.'' He cited a number of cases of lengthy prison terms issued around the country to offenders who committed their crimes under the age of 15.

``There is simply no identifiable national consensus against imposition of the minimum adult sentence on a 12-year-old for a double murder,'' McMaster argued.

Anti-Depressants

Pittman suffered from depression and had spent time in a psychiatric facility in Florida, where he began taking the anti- depressant Paxil. His father removed the boy from the facility and sent him to live with his grandparents in Chester, South Carolina.

While in South Carolina, Pittman ran out of Paxil, and a doctor gave him samples of Zoloft. He soon began experiencing restlessness and became disruptive at school and church events, according to his lawyers.

On the night he killed his grandparents, Pittman had been reprimanded for his conduct at choir practice, and his grandfather had later paddled him. After the shooting, Pittman set fire to the house and fled in his grandparents' sport-utility vehicle.

Some doctors believe the side effects of drugs like Zoloft, including an intense agitation that makes users jittery and sleepless, may lead them to become suicidal or violent.

The case is Pittman v. South Carolina, 07-8436.

To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net.

Last Updated: April 14, 2008 10:40 EDT

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