Attorney for convicted murderer Null asks for reduced sentence due to unstable home life

A defense attorney asked a judge Friday to resentence Denum Null, convicted of robbing and killing a man in 2010, to 25 years and suspend 50 years of his original 75-year sentence based on mitigating factors including Null's unstable, dysfunctional home environment.

Mark Meyer argued because Null was 16 when the crime occured, any mandatory minimum would be unconstitutional according to the 2012 Miller ruling that bans life sentences for juveniles. The evidence indicates Null is younger than his biological age because of how he was raised. He has the capability and talents that can help him mature and be a "productive member of society."   

Null, who turns 22 Saturday, was convicted in the fatal shooting of Kevin Bell, 26, in January 2010. He pleaded to second-degree murder and first-degree robbery and was sentenced to 75 years in prison.

The Iowa Supreme Court ruledthe sentence was equivalent to life and because he was 16 at the time it violates the cruel and unusual provision of the Eighth Amendment and Iowa Constitution. According to the Miller decision in 2012, it directs sentencing judges to consider each juvenile's home life and background because juveniles are more capable of change than adults and lengthy sentences for juveniles without parole should be in rare or uncommon cases.

Betsy Wilson, an attorney and mitigation specialist from Evanston, Ill., hired by the defense, testified there are 'unique parts” in Null's history, more than just the normal characteristics of youth, such as his unstable life.

She conducts life history investigations in criminal cases like Null's to find the appropriate length of sentence.

Wilson said Null was torn between his two parents who didn't live together and 'bounced from family member to family member.” Null attended nine different schools.

Because of the how Null grew up, he was more susceptible to negative influences than a normal juvenile.

His mother was 'unpredictable” and her behavior was described by family members as bi-polar, Wilson said. She was also a drug user and a 'sex worker” who brought her partners home while Null was home.

Null also started using marijuana at the age of 13 because it made him calmer, Wilson said. He was self-medicating. She admitted Null hadn't been diagnosed with a mental illness but there is mental illness in the family.

Wilson pointed out that research has shown that marijuana abuse increases impulsivity in juveniles.

'These factors made his functional age younger than his biological age,” Wilson said. 'Without a strong foundation he ends up looking in other places - peers.”

Assistant Linn County Attorney Jason Burns asked if she had reviewed any psychological testing conducted on Null or if she reviewed details of the crime.

Wilson said she hadn't seen any psychological testing and didn't review details of the crime.

Null testified he didn't know why the shooting happened. He was told by Gabriel Taylor and Johven Lee, who were charged in the case, that they were going to get 'their stuff.” He said Lee gave him a backpack that had a gun in it, which he took inside as the three went to Bell's apartment.

Null said Bell let them inside and Lee punched Bell and then Bell came towards him and he pulled out the gun and shot him.

'It just happened. I didn't tell myself don't shoot him or to shoot him. There was no plan to kill anybody or the robbery,” Null said.

Burns on cross examination said wasn't there more to the story than what he said.

'Weren't you arguing with Bell over marijuana?” Burns asked.

Null admitted it was but denied it was a robbery.

Burns also went over Null's trouble as a juvenile including an assault, curfew violations, being a runaway and time in residential treatment. He also said Null was involved in a fight in prison that caused a lockdown.

Sixth Judicial District Judge Ian Thornhill asked Null if he wanted to say anything to the court. 

Null said he knew he needed 'rehabilitation” and wants to have treatment while in prison.

'I don't want people to think this is who I am. If I'm given a chance….I can be successful in society,” Null said.

Thornhill said he would take the matter under advisement and make a written ruling as soon as possible. He will set a hearing to announce the ruling in open court.