Re-Sentencing Hearing For Southwood Middle School Killer
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MIAMI (CBSMiami/AP) — A teen sentenced to life in prison for stabbing a classmate to death in a bathroom at Southwood Middle School nearly a decade ago is back in court this week.
Michael Hernandez, 26, was given a mandatory life sentence for the 2004 murder of Jamie Gough. Both were 14 years old at the time. Trial evidence showed Hernandez was obsessed with becoming a serial killer.
On Wednesday, 12 years ago to the day that Gough was killed, a three day hearing got underway to determine a new prison sentence.
During her opening statement, prosecutore Gail Levine told the court that Hernandez a well thought out, well planned killer and is exactly the same person today he was when he was 14, according to CBS4 news partner The Miami Herald. She's asking for a life term.
The first person to take the stand was former Southwood Middle student Andre Martin, who Hernandez originally planned to kill. Martin testified that Hernandez was "amused" by horror movies, liked music groups with violent lyrics, such as Insane Clown Posse.
"I say more on the violent end of the spectrum," said Martin in describing Hernandez's taste in music.
Martin recalled that at one time Hernandez had told him he wanted to be a serial killer, but he didn't tell anyone because he was only 13-year years old and didn't think anyone would take him seriously.
Martin said he felt Hernandez's life sentence was just, "I feel like the sentence was fitting of the crime."
Following Martin's testimony, Levine read a letter from the parents of Gough, who was stabbed to death inside Southwood Middle 12 yrs ago to the day. In the letter, they say have have forgiven Hernandez "spiritually" but don't want him out of prison because, "He is a threat to the community," according to the Miami Herald.
Michael's father, Jesus Hernandez, took the stand and urged the court to release his son because he had changed, "He's a lot better than he was."
Hernandez was then questioned about his son's prison phone calls where he talked about his fascination with serial killers and metal music.
Hernandez pushed back, saying, "I don't see that he's fascinated with serial killers, and one song doesn't make a man."
In an effort to show Hernandez is in denial about his son's makeup, Levine got Hernandez to admit that he's never discussed Golf's murder with his son, not once, since the killing 12 years ago.
In one jail call, Michael Hernandez complained that America had become too politically correct.
"It wouldn't be that was if we had David Duke as president," he said on the call.
Prosecutors then introduced prison records which showed Michael Hernandez was disciplined after weapons (two homemade style knives or shanks) and a pipe were found in his cell.
Hernandez attorneys hope to show that he suffers from a mental illness and which should mitigate a life sentence.
After a break for lunch, the prosecution put psychologist Dr. Rick Suarez on the stand who testified that Hernandez coldly plotted the murder, "two months, possibly three months before."
Suarez quoted from a detailed journal Hernandez had created: "Make sure they're dead. "Make sure no one else is in the bathroom. If so, kill them."
The judge also heard the prison phone call Hernandez made to a pen pal, joking about his inability to cry. He talked about an upcoming psychological evaluation.
"Better bring a sharp object to the interview," Hernandez says, laughing. "Oh, my God, may have to stab myself, ha, ha, ha, ha, ha!"
The state then played Hernandez's confession to Gough's murder taken at the time of his arrest.
Why did he lure Jaime to the restroom?
"I was planning to murder him," Hernandez replied matter-of-factly.
Why? Hernandez had no answer for that.
Hernandez's father left the courtroom as the confession was played.
The new hearing was mandated because the U.S. Supreme Court ruled in 2012 that juveniles could not automatically be sentenced to life without chance of parole. The decision was later made retroactive to older cases.
Hernandez could still receive a new life sentence but would be eligible for parole after 25 years.
CBS4 news partner The Miami Herald contributed to this report.