Log In


Reset Password
  • MENU
    Police-Fire Reports
    Thursday, May 02, 2024

    Case continued for convicted murderer seeking shorter sentence

    The last time John Cluny had seen Michael Bernier, the man who killed his wife and son, was in 1995, when the teenage Bernier was sentenced to 60 years in prison for the murders.

    On Monday, Cluny saw Bernier again in New London Superior Court. Last year, Bernier filed a motion arguing his sentence is illegal because he was younger than 18 when he committed the crime.

    No action was taken on Bernier's motion Monday and the case was continued to June 30.

    "I wouldn't have recognized him," Cluny said of Bernier. "I'm glad the (prosecutor) let him know that I was in court. This issue is not going to be forgotten."

    Supervisory Assistant State's Attorney Lawrence J. Tytla said the hearing was continued because the motion for the illegal sentencing was still pending and several bills pending before the state legislature are examining how juveniles who were tried as adults were sentenced.

    Tytla said those unresolved issues would impact what "action or inaction the court does."

    Bernier, who was wearing a standard-issue beige prison suit, said he understood the reason for the continuance.

    Lawmakers are considering a bill that changes juvenile sentencing laws and enables juveniles who were tried as adults to get a "second look" before the state Board of Pardons and Paroles.

    In its third year before lawmakers, a proposal to bring state law into compliance with two U.S. Supreme Court decisions appears to have gained the momentum to make it law. The state Senate passed the bill with a 31-5 vote on April 22, and it is expected to receive a favorable vote in the House of Representatives.

    About 200 sentenced prisoners whose cases are under appeal based on the U.S. Supreme Court decisions would get a chance at earlier parole hearings if the bill becomes law.

    The bill eliminates life sentences for offenders who committed crimes as juveniles, requires courts to consider youth as a mitigating factor when sentencing someone who committed a felony offense between the ages of 14 and 18, enables earlier parole hearings for those who were under 18 when they were sentenced to 10 or more years in prison and requires judges to order presentencing reports for juveniles convicted of felony offenses.

    The Connecticut Supreme Court, citing Miller, Graham and other U.S. Supreme Court cases, in February overturned the 100-year prison sentence of Akeem Riley, who was convicted of fatally shooting a man in Hartford at age 17. Riley's case was sent back to the trial court for resentencing.

    Cluny, of Norwich, whose wife and son were murdered by Bernier, then 15, at the Cluny home in Norwich, strongly opposes the proposed reforms.

    Cluny had come home from his machinist's job at Electric Boat on May 24, 1993, to find his wife, Elaine, and 14-year-old son, David, dead of gunshot wounds to the head.

    Bernier, who was sentenced in 1995 to 60 years, has been receiving time off his sentence for good behavior because he committed the crimes before the so-called "good time" law was repealed in 1993.

    Attorneys who represent juveniles have for years been citing studies that the brain is not fully developed, particularly when it comes to reasoning and judgment, during the teenage years.

    But Cluny said Bernier is a desperate man who knew exactly what he was doing when he killed his wife and son. Cluny said Bernier waited a half hour between the killings and had to consciously pull the hammer of a .357-caliber revolver to kill his family.

    "It was blatant," said Cluny.

    He said those who are proposing reductions in juvenile sentencing are far removed from reality and not thinking of the victims who are left behind.

    "These people are literally removed from the reality of what happened," said Cluny.

    i.larraneta@theday.com

    twitter: @larraneta

    Comment threads are monitored for 48 hours after publication and then closed.