ST. PAUL -- The effort won't change Emily Lynn Johnson's story, but some Minnesota lawmakers say the state should alter its criminal penalties in light of the 2-year-old girl's death.
Minnesota should allow 13-year-olds to be criminally charged as adults if they commit murder, manslaughter or violent assaults, Republican Reps. Bud Nornes of Fergus Falls and Torrey Westrom of Elbow Lake said Thursday. The state's current minimum age for adult prosecution is 14.
The proposal is in response to Johnson's death last June. She died after being assaulted by a 13-year-old boy at a Fergus Falls day care center. The teen, who was nearing his 14th birthday at the time of the incident, was found guilty of second-degree manslaughter in juvenile court proceedings, the lawmakers said.
Thirteen other states allow prosecuting 13-year-olds, or younger children, as adults, Nornes said. Two states set that limit at 10, while others don't have a minimum, he said.
"At least we should be able to talk about it," Nornes said of changing Minnesota law.
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Westrom said the public is "repulsed" to hear of circumstances like Johnson's. The legislator is a former classmate and FFA officer colleague of the girl's mother, Lynn Johnson.
"It certainly drives this tragedy a little closer to home," said Westrom, a father of young children, and a Bemidji State University graduate.
The two Republicans said they aren't optimistic their bill will be heard in the DFL-controlled House. Even if the bill receives a hearing, its chance of passage could be slim.
Rep. Britta Sailer, DFL-Park Rapids, who serves on the House Public Safety Policy Committee that would consider the measure, said she leans against lowering the minimum age.
"I would tend not to because it's a young kid," she said.
However, Sailer said her decision would be based on testimony from bill supporters and opponents.
The girl's father, Travis Johnson, said the current punishment allowed by law doesn't fit the crime. The measure would affect very few juveniles, he said.
"To us it's kind of a no-brainer," Johnson said in an interview. "Why would you vote against this?"
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Sen. Dan Skogen, DFL-Hewitt, is pushing the legislation in the Senate. He is more optimistic the bill will get a committee hearing.
"It's something that none of us would ever want to go through," Skogen said of the Johnson family's loss.
"I understand that there's some problems with bringing that age down," Skogen added, predicting legislators might ask: "The next time something happens below that line, do we bring that age down again?"
Lawmakers pushing the so-called Emily's Law say they also want the Legislature to consider requiring that such crimes committed by juveniles remain on their criminal records until they are at least 28. Currently, their records could be cleared of such convictions when they turn 19.
Scott Wente works for Forum Communications Co., which owns the Bemidji Pioneer.
