Niles youth who murdered grandfather will be sentenced Monday to Life without Parole (Dakotah Eliason)

from coverage in South Bend Tribune online:

Family to speak against anticipated life without parole sentence for teen.
By TOM MOOR  Tribune Staff Writer
NILES — Even if 15-year-old Dakotah Eliason is sentenced to life in prison without parole as scheduled Monday (October 25, 2010), it doesn't appear you've heard the last of his case.  After the sentencing in Berrien County Trial Court, the family and attorney of Dakotah plan to hold a news conference to speak out against such judgments for juveniles.
Scott Elliott, Democratic candidate for Michigan State Senate for District 21, also will read a statement afterward to push for legislation to abolish the sentencing of juveniles to life without parole.
Dakotah was convicted of first-degree murder in August for fatally shooting his grandfather Jesse Miles in March. His original sentencing date of Oct. 4 was adjourned after defense attorney Lanny Fisher filed a brief stating sentencing a juvenile to life in prison without parole is unconstitutional.
First-degree murder convictions in Michigan come with an automatic life in prison without parole sentence, and do not give judges discretion when sentencing.
Fisher's main argument surrounds the Eighth Amendment of the U.S. Constitution, which states that cruel and unusual punishment is against the law. Fisher said sending a 14-year-old to prison for the rest of his life would qualify. He also referenced Article 37 of the Office of the United Nations High Commissioner for Human Rights Convention on the Rights of the Child. Article 37 essentially bans life in prison without parole for juveniles and has been signed by 180 countries, not including the United States.
According to a news release, Elliott has vowed to work to end such sentences if elected.
"He agrees that even teenagers must be held accountable for violent crimes, but he said that disallowing the possibility of rehabilitation and eventual release by sentencing children to die in prison is unworthy of any civilized society," according to the news release.
Michigan currently has the second highest percentage of juveniles serving life without parole and is one of 14 states in the country that allows such sentences.
The Michigan House of Representatives passed bills last year abolishing sentencing juveniles to life without parole, but they were not taken up by the state Senate.  John Proos, the Republican candidate for the District 21 seat, was unavailable for comment.
Separate psychologists found nothing mentally wrong with Dakotah leading up to the trial. The boy reportedly spent several hours contemplating whether and how to kill his grandfather, and thought about killing his grandmother at one point as well.