The mastermind of the Mont Vernon thrill kill and a handful of other high-profile convicted juvenile killers likely will challenge their prison terms — and possibly even their convictions — after the U.S. Supreme Court ruled mandatory life without parole sentences violate the Constitution's ban on “cruel and unusual punishment,” a criminal defense attorney said Tuesday.

“Each case will be different. And, depending on the facts and circumstances, there may be litigation on whether the conviction can stand. But, certainly, there will be reconsideration given to sentencing,” said Cathy J. Green, a longtime criminal defense attorney who has represented many juveniles charged with serious and violent crimes.

“It will be interesting to see what happens, because the courts can still impose a life sentence without possibility of parole, but the judge has to be free to impose a lesser sentence,” she explained.

The state's lead homicide prosecutor said Steven Spader — convicted of first-degree murder for hacking a Mont Vernon mother to death and maiming her then 11-year-old daughter during a 2009 home invasion — appears to be the most likely case to qualify under the Miller v. Alabama ruling. That's because it is the only one pending direct appeal or trial, he said. “It would seem the most likely scenario would only be applicable to the Spader case if it is applicable at all,” Senior Assistant Attorney General Jeffery A. Strelzin said.

Attorney Jonathan Cohen of Cohen & Winters in Concord, who represented Spader, now 20, at trial, said he and co-counsel Andrew Winters are reviewing the case.

“Certainly, on its face, it appears to apply just because Steven Spader was 17 at the time” of the crime, Cohen said.

“We could potentially file a motion with the court if we feel it applies to our case, but what that motion would say or what exactly we would ask for, I'm not comfortable with saying just yet,” Cohen added.

5-4 decision

In its 5-4 decision issued Monday, the court ruled that states that require juvenile defendants be sentenced to life imprisonment without chance of parole prevent judges from considering a juvenile's “lessened culpability” and “greater capacity for change.”

“We therefore hold that mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment's prohibition on 'cruel and unusual punishment',” Justice Elena Kagan wrote in the majority opinion.

“Under the Supreme Court decision, life without parole is not precluded. It's just automatic life without parole that is precluded,” Strelzin said.

Four identified

Spader is among four youthful first-degree murderers serving mandatory life imprisonment without parole so far identified by state prosecutors.

The others are: Robert Tulloch, who admitted he stabbed married Dartmouth College professors Half and Susanne Zantop to death in their Hanover home in 2001; Robert Dingman, who was convicted with his younger brother of the 1996 murders of their parents in their Rochester home; and Eduardo Lopez Jr., who was convicted of fatally shooting Robert Goyette during a 1991 Nashua robbery.

All four were 17 at the time of the crimes; all are serving mandatory life imprisonment without parole.

Still reviewing

Prosecutors still are reviewing cases that could fall under the ruling and trying to determine if it would apply retroactively or just to future cases, Strelzin said. As a general rule, he said, cases pending trial or direct appeal are most likely to qualify.

Green of the Manchester law firm Green & Utter said the court's ruling follows the course it has set in the last several years in other cases involving juvenile sentencing.

“There has been a growing recognition that juveniles really are different and you can't just treat them the same as adults,” said Green.

She represented James Parker, who pleaded guilty to second-degree murder in the Zantop murders. Green said she expects convicted murderers and their attorneys will file motions for resentencing hearings and to challenge their first-degree murder convictions.

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Kathryn Marchocki may be reached at kmarchocki@unionleader.com.