LAPEER, Mich. (Michigan News Source) – On February 13th, a court in the state of Michigan released convicted murderer, 77-year-old Ivory Thomas, after his decades-long imprisonment for a 1965 felony murder conviction.

This significant development follows a decision by the Michigan Court of Appeals, declaring mandatory life without parole sentences for 18-year-old defendants unconstitutional.

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Ivory Thomas had originally been convicted in October 1965, at the age of 18, for the first-degree felony murder of 18-year-old Michael Railsback during a robbery in Dueweke Park.

Ivory Thomas had faced the prospect of spending his life in prison under the initial mandatory life sentence. However, a Michigan Supreme Court 2022 ruling provided him with an opportunity for a new sentence.

Murderer’s sentence deemed “unconstitutional” and case was reconsidered for new sentencing.

In a groundbreaking move in 2022, the Michigan Supreme Court ruled that mandatory life without parole sentences for defendants who are 18-year-old and younger violates the state constitution’s prohibition against cruel and unusual punishment.

This decision laid the foundation for Ivory Thomas’ case to be reconsidered and a new sentence imposed – with Judge Chandra Baker-Robinson re-sentencing Thomas to 40 to 60 years in prison last week.

With Thomas’ maximum sentence served and adjustable “applicable credits” applied, Thomas was released immediately after re-sentencing on Tuesday from the Thumb Correctional Facility in Lapeer.

The Wayne County Prosecutor’s Office did not oppose Thomas’ re-sentencing, saying that he has community support. Even the family of the victim, Michael Railsback, did not object to his release.

Prosecutor Kym Worthy’s office highlighted Thomas’ positive transformation during his time in prison, where he served as a mentor to other inmates.

Health challenges helped spur immediate release.

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The Railsback family, despite the tragedy they endured in 1965, did not oppose Ivory Thomas’ release. Prosecutor Kym Worthy added, “He is very ill and has accepted full responsibility for his actions.

Worthy said she had examined the case, believes in the facts, as well as Mr. Ivory’s transformation in prison, and fully supports Ivory’s release.

A look inside the 1965 murder case:

In the initial murder case, 18-year-old Michael Railsback was fatally stabbed in Dueweke Park on March 30, 1965. Despite undergoing surgery that evening, Railsback succumbed to his injuries.

Ivory Thomas, also 18 at the time, was convicted of first-degree felony murder for the crime. Key evidence for the prosecution came from police officer Leon Studzinski, who responded to the scene. Railsback, before his death, provided details about the incident, describing the suspect as a 17-year- old African American male, 5 feet 10 inches tall, of medium build, and wearing a green jacket. The defense challenged the admissibility of Railsback’s statements, arguing that they were influenced by leading questions from the officer.

Victims’ statements ruled admissible in court.

The Michigan Court of Appeals upheld the admissibility, citing the res gestae exception to the hearsay rule. According to the Rice v. Jackson (1965) case, the court outlined three conditions for admissibility: a startling occasion, the statement made before time to contrive and misrepresent, and the statement relating to the circumstances preceding it.

The court found that Railsback’s statements met these conditions. The stabbing was a startling occasion, the time between the incident and the statements did not exceed 40 minutes, and Railsback’s statements directly related to the circumstances of the stabbing.

Addressing the objection on leading questions, the court pointed to the trial judge’s discretion, finding no abuse and stating that Railsback’s responses were spontaneous.

Justice Levin, in a concurring opinion, discussed the “excited utterance” exception as a more precise term. He emphasized that participation in a shocking experience could render someone unlikely to fabricate details.

The court highlighted Railsback’s serious condition until his death, concluding that his responses to the officer’s questions were not products of reflection and fabrication, despite some questions being leading.

More murderers could be released in the future.

Ivory Thomas’ release marks a significant milestone in criminal justice reform in Michigan, with the courts recognizing the unconstitutionality of mandatory life without parole sentences for 18-year-old defendants. This gives the courts the ability to re-sentence juvenile lifers – even murderers – and set them free.

According to Michigan Public Radio, a vast majority (about half) of Michigan’s juvenile lifers have already been re-sentenced. With the state having sentenced at least 378 minors to life without parole, there are only about 182 still in prison. Of those 182, there are 131 who got re-sentenced to less than life, 22 re-sentenced to life without parole (their cases are in the appeals process) and 29 awaiting re- sentencing.

Michigan lawmakers want life without parole for juveniles abolished permanently.

There are some Michigan lawmakers who want to get rid of juvenile life without parole altogether. Last year, Michigan House and Senate members introduced legislation to do just that to comply with the 2012 U.S. Supreme Court ruling that declared automatic sentencing of a child to life without parole unconstitutional.

One of those pieces of legislation even has juveniles able to go before the court within only ten years of their crime being committed to ask for parole.

The legislation was co-sponsored by a large number of Democratic state reps and senators and two Republicans – state Senator Joseph Bellino Jr. (R-Monroe) and state Rep. Curtis VanderWall (R- Ludington).

If the legislation goes through in the future, a murderer like Oxford High School shooter Ethan Crumley would be able to get a “get out of jail free” card.