An attorney for Daniel Marsh – the man convicted of brutally killing an elderly California couple when he was 15 years old – argued in court on Wednesday that Marsh should be released from prison next year under a state law that would make him eligible at the age of 25, the Fresno Bee reports.
That law is SB 1391, which was enacted in 2019 and prohibits 14- and 15-year-olds from being tried as adults.
Mark Greenberg, Marsh’s attorney, argued that a 2018 Yolo Superior Court hearing on whether Marsh should have been tried as a juvenile amounted to a retrial, but one of the three appeals judges shot down that notion down Wednesday.
“There’s nothing to appeal,” state Associate Justice Hoch told Greenberg, according to the Fresno Bee. “There’s no retrial. The original judgment (was) reinstated. There was no new judgment.”
State deputy Attorney General Rachelle A. Newcomb concurred, arguing that the “final data to appeal” came on Aug. 21, 2018, before SB 1391 went into effect.
He’s not entitled to the benefits of that 2019 law,” Newcomb said, according to the Fresno Bee. “Bottom line, the decision was final in the regular timelines. The time to appeal ended in August 2018.”
In this photo taken Thursday, Sept. 6, 2018, Mary Northrup wipes her eyes after describing the 2013 murder of her father Oliver Northrup and his wife, Claudia Maupin, by a 15-year-old during news conference in Sacramento, Calif. (AP Photo/Rich Pedroncelli) (AP Photo/Rich Pedroncelli)
In this photo taken Thursday, Sept. 6, 2018, Victoria Hurd, right, leans on her daughter, Sara Rice, as she wipes her eyes after describing the 2013 murder of her father Oliver Northrup and his wife Claudia Maupin, by a 15-year-old during news conference in Sacramento, Calif. (AP Photo/Rich Pedroncelli) (AP Photo/Rich Pedroncelli)
Marsh was convicted in 2014 and sentenced to 52 years to life in prison for the 2013 murders of Oliver Northup, 87, and Claudia Maupin, 76. The victims – a husband and wife – were stabbed more than 60 times each.
Marsh was 15 when he murdered and mutilated the elderly couple in Davis. Marsh had targeted their home after searching the area for open doors and windows to get to potential prey, according to FOX 40. He sliced a hole into a window screen at their home and looked on as his victims slept, the station has reported.
“This was not a crime of passion or juvenile impulse. It was a well-planned and executed random act of violence,” Mary Northup, the daughter of one of Marsh’s victims, said in 2018.
Investigators found no forensic evidence linking Marsh to the crime, but the teen confessed to authorities after another teen told police Marsh had been boasting about the slayings, “48 Hours” reported.
Marsh allegedly told authorities he dreamed of being a serial killer and, according to FOX 40, told investigators he enjoyed the slayings.
He pleaded not guilty, claiming insanity, and was tried as an adult in 2014, local reports state.
The Associated Press contributed to this report.