RECONSTRUCTING A SHATTERED LIFE:
AN
INTERVIEW WITH A JUVENILE OFFENDER
by Kurt MacPhearson
On 4-19-1995,
Patrick Kinney began
serving a sentence of Second-Degree Life for his part in the murder of Michael Melfi. Both
Patrick and Michael were sixteen
at the time. We've heard stories about violent juvenile offenders
and the abhorrent acts they've committed. We see their faces on
the front pages of newspapers and the teary expressions of distraught
parents on the local news. But no one asks "what
became of them?". Legal, physiological and philosophical
issues aside, these human beings aren't old enough to join their armed
forces, but they've been sent off to a war in which they receive no
support (many had none to begin with). After these kids are
shackled with Life without parole, or long, indeterminate sentences, we
tend to forget about them.
Try to imagine Patrick Kinney, ten years
later, sitting in his cell in Manistee,
Michigan, gazing through the obstructed view of a reinforced
window, wondering what life could have been like if he'd made better
decisions...
Currently, Patrick is not allowed phone calls or
visits with family or the media; his only contact with the world is
through letters —
letters he is not allowed to personally seal. Some would say that
he's lucky to have that much. Lucky? Maybe. He's had plenty of
time to think about that.
I wrote to Patrick during the summer of '05. I
asked him about his life both then and now...
Kurt
MacPhearson: Fredrick Nietzche wrote: "He who has a
why to live for can bear with almost any how." What is your why?
Patrick
Kinney: For a long time I didn't have a "why," which is one of the
reasons I believe I was able to commit the offense I did. I was
so terrified of being forever trapped
in what I considered to be a hopeless and meaningless existence that I
let myself be conned into believing that I could only find the
happiness and belonging I wanted by following someone else's plan to
run away, which he convinced me required taking someone else's life.
Afterwards, of course, when I finally sobered up and came to my senses,
I realized that hurting other people will never get you what you
desire. Hurting others, no matter what your reasons, will only
bring you misery, pain, and mind-numbing regret.
Now my "why" is to find meaning and fulfillment in my everyday life so
I will never feel the need to take what I want from somebody else.
My "why" is to think of others, to use my life to try to make
this world a little better. I know I can never make up for what I
did. I just hope to be able to give back as much as I possibly
can.
KM: Why did you kill Michael Melfi?
PK: At the time I was 16, an extremely depressed, insecure,
drug-addicted, and lonely kid. When I was 12, my mom
remarried, and I felt driven out of my
own home, replaced by my stepfather. I sought belonging with a
group of rebellious older kids, and to try to fit in I started smoking,
drinking, doing drugs, and shoplifting. My stepfather reacted by
punching me, kicking me in the groin, and finally giving me a bloody
eye, after which I ran away from home, only to be picked up by the
police and sent to live with my real dad in another town.
I felt twice rejected, betrayed, ripped away from
the people I loved. But I had trouble making new friends. I
started starving myself and became anorexic, which led to depression,
hopelessness, and constant suicidal thoughts. In the end I felt
so lonely and full of despair that when a boy at school asked me to run
away with him I saw it as my last chance for both friendship and a life with some happiness and meaning.
He said he wanted to run away because he'd been caught stealing
and was going to juvenile detention, that he needed me to drive because
he didn't know how. Once I agreed, he told me his plan was to
steal his parent's van by killing them and anyone who got in the way,
in order to get the keys and prevent them from calling the police.
I went along because I was already so suicidal, and I thought
life was empty and meaningless.
The psychologist who later evaluated me said I was "low in social adjustment," that I
had difficulty with impulsive/erratic behavior, with understanding
cause/effect relationships, and with functioning with other people.
He said I was experiencing severe stress, anxiety, and depression
and that I tended to over-simplify complex or ambiguous situations.
But he also said that these characteristics were consistent with
youth and could be changed over time with counseling.
So I don't blame anyone else, and I take full
responsibility, but the best answer I can give to why I did it is that
I was a confused, depressed, messed-up, and selfish kid.
KM: You were 16, turned
yourself in, and pled guilty to Second-Degree Murder, yet you still got a life sentence.
Many people would say that you got what you deserved, no matter
how young you were. Did you?
PK: No. I deserved
death. I took a life, therefore my life should have been
taken. But should juveniles like me who've really changed and
shown true remorse one day get a second chance? I guess that's a
question everyone has to answer for himself. At least some brain
researchers think so. They've found that the area of
the brain that handles self-control, thinking ahead, and resistance to
peer-pressure is far from fully developed at age 16. The
US Supreme Court, in striking down the juvenile death penalty, said
that not only are juveniles not as morally responsible as adults, but most
simply grow out of delinquent behavior. Other researchers
have found that alcohol and nicotine, not to mention drugs, impair
juvenile brain functioning to a much greater degree than adults' (I
smoked and was drunk and on drugs at the time), and that the
blood-brain barrier, which prevents toxins in the blood from reaching
the brain, is weakened by malnutrition. Many people have joined a
movement
in Michigan to change the law, as has been done in other states,
to require that juveniles
sentenced to life be released
after 25 years.
No, I don't want to spend the rest of my life in
prison, but after many long years of soul-searching, I've come to the
conclusion that I can accept it. I probably deserve worse, and
ultimately it
matters more who you are and how you treat others than where you happen
to be.
KM: In September 2003 you attempted to escape, and you are now in
"solitary confinement" for an indeterminate time. What was going
through your mind when you decided to make the attempt, and how about
now? Any regrets?
PK: I was afraid. I think few people really understand what
it's like to be a young, clean-cut, "pretty," white-boy in prison.
At first I had hope
that one day the nightmare would end, that I'd either be paroled or
that my appeal would be granted and I'd be re-sentenced to a term of
years I could actually serve. But as the years went by, I learned that the parole board releases less than 1%
of parolable lifers. All my appeals were denied.
This was before I'd written my autobiography,
examined my past in detail, and truly came to understand what led me to
commit my offense in the first place (contrary to popular belief there's virtually no psycho-therapy in
prison unless it's self-administered, which writing the
autobiography certainly was for me). I didn't realize how large a
role my depression and hopelessness played in my offense, so I didn't
recognize that I was making the same mistake in trying to escape.
I thought that if I didn't deliberately hurt anyone it would be
different.
Now I see I was wrong. Not only did I destroy
what little chance I did have for parole, but worst of all, another
prisoner was wrongfully accused of and punished for helping me.
So I do regret trying to escape. I wish I hadn't and I
never will again. I now understand that you can't commit selfish
and reckless acts without hurting someone. But at least now I can
recognize and stop anything similar from happening again.
KM: You've been in prison now for over ten years. What is
the hardest part of the whole experience?
PK: Knowing that I took a life and ruined the lives of so many
others. It is excruciatingly painful to live with that. It
haunts me every day of my life, as it should. But now it's
nothing compared to what I put others through. Words cannot fully
express how sorry I am. I once considered taking my own life to
make up for it until I realized that nothing can make up for what I
did. It would only further hurt my family and be a waste of my
potential to share what I've learned to try to make a positive
contribution.
KM: Shed a little light on your appeal process.
PK: My first appeal was based on the rule that a judge can't
consider your race or religion as a basis for your sentence. My
judge said that because I'd become a Christian, I could accept a
harsher punishment. That appeal was denied because my lawyer
didn't raised the issue at the proper time.
The only way I can file another appeal is if there's a retroactive
change in the law. On March 1, 2005, the US Supreme Court retroactively
banned the death penalty for 16- and 17-year-olds. Even
though I wasn't sentenced to death, this affected me because a judge can't base a sentence, even in
part, on inaccurate information, and my judge said, "in some other states you could be facing
the death penalty." While this was true at the time, even
the juveniles who were sentenced to death before I committed my offense
cannot be executed now. Which means that even if I had been in
another state, I would never have faced the death penalty, so my
sentence should not be enhanced based on that argument.
I'm hoping to file an appeal on this issue, which at
most would result in a new sentence to a term of years that I'll
eventually be able to serve.
KM: What do you do with your time?
PK: Write short stories, poems and letters, work on my MBA
correspondence degree (paid for by family), read, exercise, and try to
learn as much as I can. I'm hoping my autobiography will help increase understanding of and help
prevent juvenile violence and contribute to charities for
at-risk kids.
KM: How do you keep your sanity?
PK: By staying busy and trusting in God. I used to try to
block out all thoughts about what happened and what will likely happen,
but that's been impossible with writing my book. Reopening those
old wounds was difficult, but it was the only way to learn and heal.
In fact, I never would have done
it if I hadn't failed in my escape attempt. So even though I wish
I hadn't tried to escape, I'm actually glad, in a way, that I failed
because real
spiritual and character growth is worth much more than empty physical
freedom.
KM: What's your faith like now?
PK: I believe that the purpose of life, true happiness, and
oneness with God comes from faith and helping and loving others and
finding fulfillment in your every day life, which is how I try to live
my life now.
KM: Anything you want to say to the world?
PK: I'm more sorry than I can say. I did a terrible thing
and I deserve to be punished. I would ask for forgiveness, but I
don't want to put anyone who doesn't want to forgive me in the position
of having to refuse. They have a right to their anger. I
understand what I did and I wish more than anything in the world I
could change it.
[Patrick Kinney recently published his autobiography, All the Rivers Run.]