A man serving a 112-year prison sentence for raping an Ohio college student will be resentenced after the U.S. Supreme Court declined to decide whether the sentence was too long.
Defendant Brandon Moore was tried as an adult and convicted by a jury in the 2001 armed kidnapping, robbery and gang rape of a 22-year-old Youngstown State University student. Moore was 15 at the time of the crime.
The Ohio Supreme Court overturned the sentence in December, saying it constitutes cruel and unusual punishment. The U.S. Supreme Court on Monday declined to hear the state's appeal.
Moore is now 31. Rachel Bloomekatz, Moore's attorney, said the state Supreme Court properly determined children should be given a chance for release based on rehabilitation.
As WOSU reported, "In the majority opinion, Justice Paul Pfeifer pointed to a U.S. Supreme Court ruling that a juvenile not convicted of murder who’s demonstrated maturity and rehabilitation must be given a meaningful opportunity for release."
Mahoning County Assistant Prosecutor Ralph Rivera called the ruling disappointing.