1995 Agoura murder case lives on

Brandon Hein When Brandon Hein was convicted of murder for the 1996 death of a Los Angele policeman's son, a gasp of disbelief went out nationwide. Hein received a sentence of life without parole for the death of the 18year-old, Jimmy Farris, even though he didn't commit the crime.

The case received attention on television and in local and national publications, and was the topic of a film documentary.

On Nov. 18, California Lutheran University's Center for Equality and Justice revisted the case and aired the documentary, "Reckless Indifference," the story of how Hein and his friends got involved a teenage fistfight and ended up in prison for the rest of their lives.

Fateful afternoon

On May 22, 1995, Agoura High School students Jason Holland, Micah Holland and Tony Miliotti joined Hein in the backyard of Agoura Hills resident Michael McCloren to smoke pot. The teens had been on a high much of the day.

Farris, who was McCloren's friend, was there also. Another teen, Chris Velardo, stayed behind in a truck.

Quickly, a brawl broke out among the drugged and drunken teenagers and ended with the pocketknife stabbing death of Farris and a wound to McCloren.

Hein, 18, Jason Holland, 18, and Miliotti, 17, were sentenced to life in prison without the possibility of parole—even though it was only Holland who admitted to the stabbing. Holland's brother Micah, a minor, received a 25year to life sentence and Velardo pled guilty to manslaughter and was released in 2000 from the California Youth Authority.

Miliotti, who stood and watched as the fight unfolded, later had his sentenced reduced to 15 years to life.

Thirteen years after the incident and following the denial of several appeals, the Hein family continues to hold out hope that their son will one day be released from jail also. Hein's case is now being considered by the United States Court of Appeals for the Ninth Circuit. If the case is accepted, Hein's conviction could be overturned or his sentence could be reduced.

New discussion

The showing of the documentary was followed by a panel discussion involving Hein's father, Gene Hein; the chair of Cal Lutheran's criminal justice department, Bob Meadows; the assistant professor in the criminal justice department, Helen Limm; and an attorney and professor at the school, Ken Weitz.

According to the film and other reports, Jason Holland pulled out his two-inch blade as a means to stop McCloren from repeatedly punching his 15-year-old brother, Micah, in the head.

The knife punctured Farris's heart and he bled to death in McCloren's kitchen.

Gene Hein has doggedly pursued legal recourse for his son, who allegedly knew nothing about Holland carrying a knife, nor that anyone had been stabbed.

Tough teens, tough law

The felony murder rule in California states that when a victim dies accidentally during the commission of another crime— robbery, for example—what would ordinarily be deemed a manslaughter charge automatically escalates to murder. Anybody associated with the person who causes the death is criminally responsible for the same murder charge.

The Farris documentary tells about an emergency room doctor who wrote to the judge asking for leniency in the case because he believed the stab wounds to the victim's heart were not inflicted with the intent to kill.

Despite the possible mitigation, all the boys who took part in the fateful fight were considered troubled teens.

Fran Kenton, a teacher at Agoura High, recalled that the boys' drug use "was hidden" and that they maintained a "low profile" at school.

On that fateful night, however, Hein, the Holland brothers, Milotti, and Velardo were anything but low profile. They were already intoxicated and looking to continue their high by the time they entered McCloren's backyard and encountered the others.

Deputy District Attorney Jeff Semow introduced the felony murder charge by contending that the five boys came to McCloren's house to steal marijuana rather than just smoke it. Semow also proved to the jury that the boys were members of the "Gumby" gang.

But Gene Hein contends that neither drugs nor any other articles were stolen from the property and that the boys were not members of a gang. McCloren's testimony was dubious, Hein said.

If lawyers can prove that Farris's death was not tied to the commission of another crime, then the felony murder charge could be dropped, he said.

"Brandon didn't have anything to do with it," said the father.

Following the case, several high profile politicians and attorneys spoke out agains the felony murder convictions, calling them a travesty of justice.

The late State Senator Tom Hayden objected to the outcome, and Harvard Law Professor Alan Dershowitz called the prosecution's case "fiction."

The prosecution was also criticized in the film for allowing Jimmy Farris's father, James Farris, a detective with the Los Angeles Police Department, to be present while witnesses were questioned. The elder Farris was said to have had undue influence over the case.

Despite evidence of misconduct by the district attorney's office, all Brandon Hein appeals have denied, the father said, and the latest round of legal wrangling might perhaps be his son's last chance.

In retrospect, the courts must balance individual rights with community safety, said Limm. The CLU professor also pointed out that victims' rights sometimes take precedence over the rights of the accused.

Brandon Hein will turn 32 in February. He earned his high school diploma while in prison and spends his time creating art.

The Farris family continues to mourn the death of their son.