Real Conversations

The Halls of Justice

MICHEL MARTIN: Then he addresses the attack on Shawn's father.

Judge THOMAS EDWARDS: It's painfully apparent to the court that Shawn's knife attack on his father arose out of an interpersonal dynamic of extreme family dysfunction. It was an expression of Shawn's growing rage. And it may be drug-related. It may be related to a clinical sleep disorder. I don't know. The experts disagreed on that. In any event, since the problem in Shawn's case originates and lies in the family relationships, the solution must also begin there.
In my view, after considering all the different alternatives that are before the court, the best place for Shawn, as a unique person, to begin that process is here in Santa Clara County in the juvenile hall until he turns 19. YA will always be there if this doesn't work, or if he exhibits anti-social behavior or predatory behavior. So the community can be assured that it will be safe while we're trying to fix this young man and get this family back together in a healthy fashion.

BARBARA, Shawn's Mother: [weeping] Oh, thank you!

Judge THOMAS EDWARDS: Why don't we take a short recess, dry our eyes and then we'll come back on the record, and I'll make my findings and orders accordingly.

CHUCK, Shawn's Father: Barbara, you don't cry when you- when you're successful.

BARBARA: Yes, you do!

DAVID SOARES, Deputy District Attorney: At the end, I think everyone in that courtroom was ready to fall out of their chairs. And I think that it was a tremendous injustice that was done in this case, not just the fact that we didn't treat this individual the way that he should have been treated, in my opinion, but that we have created a perception in the community that certain people are going to be treated differently in the system because of where they come from.

MICHEL MARTIN: Even Shawn's attorney is surprised by the decision.

BRIDGETT JONES: Shawn got a break. I mean, that's the bottom line. He got a break because we have a lot of sick kids and they aren't treated the same way he is.

MICHEL MARTIN: [on-camera] Is that fair?

BRIDGETT JONES: No, it isn't. The system is not fair. Institutional racism is alive and well in the juvenile justice system.

MICHEL MARTIN: [voice-over] Judicial ethics prevent Judge Edwards from speaking about the specifics of Shawn's case. But he did respond to general questions about the equity of the juvenile justice system.

MICHEL MARTIN: [on-camera] Many of the kids we've interviewed believe that white middle-class kids get a break, that they are more likely to be kept at home, they're less likely to get the stiff sentences, they're more likely to be given opportunities to continue their education. Do you think that's true?

Judge THOMAS EDWARDS: Well, all the studies and the statistics say it is true. There is a disproportionate minority population in our custody facilities, and there shouldn't be.

MICHEL MARTIN: Why is that fair that the system seems to be so inclined to, I don't know, tolerate these disparities?

Judge THOMAS EDWARDS: Well, it all depends on what perspective you're giving it. Probably most judges, who would want to be defensive about it and argue with you, would say pretty much something like this. They would say kids who come from inner cities are more likely to come from a minority group in our culture.

They also come from areas that don't have strong neighborhood resources. Their parents do not have enough money to provide the type of supervision that a kid from, say, an affluent white neighborhood would. So why should the system then put these kids in custody, the white affluent kids, when the parents can do as good or a better job spending their own money doing it? [www.pbs.org: More on whether the system is biased]

MICHEL MARTIN: [voice-over] In addition to allowing Shawn to serve his time in Santa Clara County's juvenile hall, Judge Edwards gives him permission to leave during the day for counseling sessions, Narcotics Anonymous meetings and classes at the community college, all fees paid by his parents.

DAVID SOARES: I'll always wonder, is this young man going to re-offend? All I know for certain is that he did try and kill his father. And what's most chilling about the case is that we don't know for sure why. From FrontLine