It has been more than 20 years since Russell Rubin was sentenced to life in prison without the possibility of parole for committing second degree murder in 1992. The now 39-year-old was 15 at the time he murdered a female worker at a Chataignier gas station.
Rubin, who is being represented by attorney Alex “Sonny” Chapman, appeared before Judge Chuck West after filing a motion for a new sentencing hearing on Feb. 23.
Rubin requested the new sentencing hearing because in 2016 the Supreme Court of the United States determined in Montgomery v. Louisiana that, citing Miller v. Alabama, mandatory life sentences without parole for juvenile offenders violates the 8th Amendment’s prohibition on cruel and usual punishment.
When the judge ruled in this matter, he denied Rubin’s motion for a new sentencing hearing.
Although the Supreme Court’s ruling in Montgomery v. Louisiana states that juvenile offenders convicted of a homicide offense should at least be afforded the opportunity to be paroled, the ruling also states, “Giving Miller retroactive effect, moreover, does not require States to re-litigate sentences, let alone convictions, in every case where a juvenile offender received mandatory life without parole.”
The ruling goes on further to say, “A State may remedy a Miller violation by permitting juvenile homicide offenders to be considered for parole, rather than by resentencing them.”
According to Judge West, if he were to grant a resentencing, Louisiana’s law would still only provides a sentence of life imprisonment without the benefit of parole, probation, or suspension of sentence for those convicted of second degree murder. Therefore, the Louisiana Legislature would have to create and pass a law that allows the benefit of parole to be a part of a juvenile’s sentence of life imprisonment for committing a homicide offense.
The judge also informed Chapman and his client that the opportunity for release is for people who have shown change or rehabilitation, which Judge West said his court has no way of determining.
Although the motion was denied, Chapman intends to continue his effort to have his client at least receive the opportunity to be paroled.
Chapman said, “Now Rubin is going to go ask for parole from the parole board, and hopefully they are not going to come back and say that they can’t look at it because of his sentence.”
