Emily’s Law clears committee
Published Friday, March 14, 2008
Photo by Photo Provided
State representatives Bud Nornes, (far left) and Torrey Westrom (far right) sit at a testifying table with Travis and Lynn Johnson of Fergus Falls during a legislative hearing Thursday on Emily’s Law, at the State Office Building in St. Paul. Nornes, R-Fergus Falls, and Westrom, R-Elbow Lake, are authors of the bill that would reduce the age prosecuters could charge teens accused of serious crimes from 14 to 13. The legislation is in response to the 2006 death of the Johnsons' daughter, 2-year-old Emily Lynn, who died of a severe head injury one day after being assaulted by a 13-year-old boy at day care in Fergus Falls. After 12-6 committee vote in favor of the bill, it movrd forward and will be heard by a finance committee.
For Travis and Lynn Johnson, June 17, 2006 was the worst day in their lives.
That’s the day their 2-year-old daughter, Emily, died after sustaining a severe head injury when she was assaulted by a 13-year-old at a Fergus Falls daycare.
Thursday was a much better day for the Johnsons, because they received a ray of hope that their daughter did not die in vain.
Emily’s Law cleared a House Public Safety Committee Thursday.
It’s a bill that will allow 13-year-olds like the one who assaulted Emily to be tried as an adult in the Minnesota court system.
“It was a good, positive day,” her mother, Lynn Johnson, said. “We still have a battle.”
Travis and Lynn Johnson, along with Dist. 10A Rep. Bud Nornes (R-Fergus Falls) and Dist. 11A Rep. Torrey Westrom (R-Elbow Lake) testified for passage of the law.
It was introduced last year to the Minnesota House and Senate, but did not pass.
“We told them Emily’s story,” Lynn said, “and the facts behind why it’s time for Minnesota to make this change.”
The day of Emily’s death, a 13-year-old, just a couple weeks shy of his birthday, killed her.
“Our day care provider’s son, who was just 19 days away from his 14th birthday, had gone into Emily’s room while she was napping, sexually assaulted her and violently threw her against a wall,” Lynn told the committee.
If he had been 14, he might have been tried as an adult.
Emily’s Law would give prosecutors the option to charge a 13-year-old as an adult.
Each crime would be looked at on a case-by-case basis. The law would pertain to more serious crimes, such as murder and sexual assault.
Emily’s Law would also keep the crime on an offender’s record longer; as the law reads now, once the juvenile turns 19 it is expunged from his or her record.
Technically, a convicted murderer or sexual predator could be teaching or providing daycare.
The bill was not without its detractors.
“Our biggest opposition came from the Minnesota County Attorney’s Association,” Nornes said. “They had four people testifying against it. In spite of that, the Johnsons won.”
One prosecutor testified that 13 is too young to charge someone with murder, and that the juvenile justice system is more effective for rehabilitating violent youths.
“You send a 13-year-old to prison, you’re going to get nothing when that kid comes out but a future criminal,” Washington County Attorney Doug Johnson said.
“Thirteen-year-olds,” said Travis during his testimony, “are able to go ahead and drive ATVs, 13-year-olds are able to drive snowmobiles, 11-year-olds are able to go ahead and carry firearms and hunt.”
In the end, the bill passed 12 to six.
“It was a good, bi-partisan vote,” Nornes said.
“It was nice to see the Democrats not walking the party line and seeing the bill for what it is,” Lynn said.
Emily’s law now goes to the House Public safety Finance Committee.
“I’m making a request immediately for a Friday hearing and hope it can happen,” Nornes said.
If it passes there, it goes to the House floor. If it passes on the floor, it will need a Senate companion bill.
“If it doesn’t get a companion, it can still pass, but it needs to attached to another bill. We did that last year and it got thrown out,” Nornes said.
“I introduced it in the Senate last year, so it’s still in play,” Dist. 10 Sen. Dan Skogen (DFL-Hewitt) said. “I just can’t get it heard in (the Senate Judiciary Committee, chaired by Dist. 67 Sen. Mee Moua, DFL-St.Paul). I don’t know why. It’s in that committee and there it sits. I’m not going to give up.”
The Associated Press contributed to this report.