Family fights to keep convicted Sutter County killer behind bars as state law triggers resentencing hearing
A family is traumatized all over again, nearly 30 years after the kidnapping, torture and murder of 8-year-old Michael Lyons of Yuba City. A law that went into effect in 2021 is allowing his killer a resentencing hearing.
"We're here because this family deserves finality and the fact that we're going to be here to argue over a one year prior conviction and whether or not he should get one extra year on a death sentence really flies in the face of justice for this family," said former Sacramento District Attorney Anne Marie Schubert, acting as a representative for the family.
Senate Bill 483, signed into law in 2021, makes certain old sentencing enhancements invalid. Robert Rhoades — convicted of sexually abusing, torturing and murdering Lyons — now falls under the criteria for a resentencing.
"Fighting for a resentencing for him is absolutely disturbing. He shouldn't be allowed to have that. Michael wasn't allowed to have his life," said Lyons' sister, Syntara Fuller.
A sea of blue poured into the Sacramento County courthouse in support of Lyons, who was killed in 1996.
"Mr. Rhoades was a horrible, serial sexual predator and the fact he was sentenced probably the most the judge could ever give him, above and beyond a death sentence, he's now back to say, well, maybe this prior conviction should be thrown out or resentenced on that," said Schubert.
Rhoades, now in his 80s, joined the resentencing hearing via Zoom. But the judge decided on a continuation rather than resentencing, at the request of Rhoades' lawyer.
"Legislation is the one passing these bills behind closed doors; none of us have a say," said Sandy Friend, Michael Lyons' mother.
Friend flew in from out of state for the resentencing hearing, only to find out it would be a continuation. Rhoade's lawyer says the case should be handled by Sutter County, where the crime was committed.
"This is a case that originated out of Sutter County, so it appears that it is likely they have a Sutter County public defender or someone appointed from Sutter County to undertake the representation rather than an attorney from sacramento," said public defender Linda Parisi.
In 1998, the case was moved to Sacramento County after the Sutter County court granted a motion for change of venue.
"It sounds like they're also trying to get off the case now because it was out of Sutter County. As I mentioned to the court, that's a billing question about who pays for her services. It should not be about whether this case gets derailed yet again," said Schubert.
Rhoades had prior convictions before Lyons' killing, and those priors are contributing to the resentencing under the new law.
The next hearing is scheduled for Nov. 3.