Microsoft word - supreme court letterr.doc

Justice Anthony V. Cardona Presiding Justice State of New York Supreme Court, Appellate Division Third Judicial Department PO Box 7288, Capitol Station Albany, NY 12224-0288 Dear Justice Cardona: We are writing to urge that the appeal being sought by Jon Romano be granted and that the 20 year sentence imposed on him be substantially reduced. As frightening as his actions at Columbia High School were in February 2004, the sentence is an injustice that can and should be corrected. There are many factors that indicate Jon was not able to make a truly informed and rational decision about the plea and waiving his rights to appeal such a harsh sentence. We hope you will consider the following: • Jon was just over16 years old at the time of the shooting at Columbia High School, and under the influence of a prescribed anti-anxiety drug (Xanax), a controlled substance that we now know can have devastating side effects such as aggression and homicidal/suicidal ideation, and which can impair impulse control. (Xanax is banned at the Rensselaer County Jail.) • While Jon could have been charged as a minor, he was charged as an adult. As such, he had no opportunity for private discussion of these issues with trusted family members during the 10 months leading to his plea. While Jon has ongoing family support, this inability to talk things through in private was devastating. • Jon had been under the ongoing care of a psychologist and psychiatrist during the year prior to the incident. These counselors, who had been trusted by Jon and his family, determined that they could not see him after the incident, citing potential legal liability issues. This left a troubled 16 year old in jail without the benefit of psychological support for the 10 months leading to his plea. • Jon was placed on Wellbutrin (an anti-depressant) while at the Rensselaer County Jail, then switched to Paxil due to the side effects of Wellbutrin. Neither of these anti-depressant drugs is approved by the FDA for those under the age of 18. He remained on Paxil at the time of his plea in November 2004 (just after his 17th birthday) • Since Jon entered his plea, the FDA has come out with a “Black Box” warning for many antidepressants, including Paxil, regarding adolescents. Those under 18 are more susceptible than adults to the adverse side effects of these medications. We are looking at a troubled 16 year-old, faced with a choice between a possible 50 year sentence (after a torturous trial) or a twenty year sentence. He was placed on a psycho-active drug that is not approved for his age by Rensselaer County, held for 10 months without the benefit of psychological counseling and then asked to make a decision and waive any rights to appeal that decision. His right to appeal should be reinstated. By copy of this letter to other Justices, we are asking that the Court set aside Jon Romano’s waiver of his rights to appeal his sentence and provide a resolution that better represents the ability of our system to render true justice. Thank you for your consideration. Cc Justice Anthony J. Carpinello Justice Thomas E. Mercure Justice Karen J. Peters Justice Edward O. Spain Justice D. Bruce Crew, III Justice John A. Lahtinen Justice Robert S. Rose Justice Anthony T. Kane Justice Carl J. Mugglin E. Stewart Jones, Jr.

Source: http://www.northcountrygazette.org/documents/romanoappealpetitionletter.pdf