ST. LOUIS – The U.S. Supreme Court has denied the appeal of a St. Louis man sentenced to more than two centuries in prison for an armed robbery he committed as a teenager.
Bobby Bostic and his friend stole money from a group of people delivering Christmas gifts to the needy in their neighborhood in December of 1995. He was sentenced to 241 years in prison by a judge who has since joined his fight to have his case reconsidered.
The court made the decision in conference, a private meeting between the justices in which they decide which cases to hear, and offered no explanation.
"Effectively all the Supreme Court did today was punt,” ACLU of Missouri Legal Director Tony Rothert said. The ACLU has represented Bostic for just over a year.
It’s unconstitutional for kids to be sentenced to life in prison without parole. The ACLU argues Bostic’s 241-year sentence counts, but different states interpret it differently.
"He's not eligible for parole until he's 112. We say that's the same thing, and it's unconstitutional,” he said.
The judge who originally sentenced Bostic agrees. She had a change of heart, saying in March that what she did was wrong.
"I am disappointed that the Supreme Court of the United States will not hear Bobby Bostic's case, but I am not deterred," Judge Evelyn Baker said in a statement Monday. "I will continue to do everything I can to get Bobby's sentence reconsidered.”
"The Supreme Court will have to decide on this issue someday. We had hoped Mr. Bostic's case would be the vehicle for that, and it's disappointing that it won't be,” he said.
But there is still hope Bostic will get another chance at freedom.
Bostic’s case made its way to the Supreme Court through the Missouri state courts. The ACLU plans to start over now, taking his case to federal court.
The Missouri governor could also grant Bostic clemency.
