Caged Kids:
Life Sentence
March 31, 2004



Josh Phillips, 20, was 14 when he killed his 8-year-old
neighbor. Now, he'll remain in prison until the day he dies. (Photo:
CBS)

"I’m just sitting here, just sitting
here doing stuff at work. That’s all I do every day. I guess it will be
like that pretty much until I die." Josh Phillips
Josh, who had no history of violence, was charged as an
adult with murder. He was found guilty of murder in the first degree.
(Photo: CBS)
CONTACT
INFORMATION: Josh Phillips Inmate #J11775
Marion Correctional Institute P.O. Box 158
Lowell, FL 32663
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(CBS) Josh Phillips, 20, has spent a quarter of his
life behind bars. And he will remain in prison until the day he dies.
Every week, for the last five years, Josh’s mother, Missy, has visited
her son at the Marion Correctional Facility in Lowell, Fla.
“I love my
son. I want to support him. I miss him,” says Missy to correspondent Peter
Van Sant. “I see my son. I see a little boy that I saw grow up.”
Maddie was just 8 years old when she vanished from her Jacksonville, Fla.,
neighborhood in November 1998. 48 Hours was there as thousands of
people searched for Maddie.
It took a week for Steve and Sheila Clifton
to learn what happened to their daughter. Maddie had been right across the
street. Her body was stuffed under 14-year-old Josh’s waterbed.
Josh
told police that while playing, he accidentally hit Maddie with a baseball. In a
panic, Josh says he was afraid of getting in trouble, so he hit Maddie with a
baseball bat and stabbed her to stop her screaming.
“Josh is a monster
in my mind because normal people don’t kill their playmates,” says Steve
Clifton.
Josh, who had no history of violence, was charged as an adult
with murder. He was found guilty of murder in the first degree.
In the
early ’90s, most states (including Florida) changed their laws, making it easier
to try juveniles as adults – and putting the emphasis on punishment rather than
rehabilitation. It was in this climate in 1999 when Josh was sentenced to life
without parole.
48 Hours interviewed the Cliftons a week after Josh was convicted.
They believe that Josh deserves to spend the rest of his life in prison.
“I don’t know what should happen, but I’d like to get out,” says Josh,
then 15, before he was transferred to state prison.
Why did this happen?
“I don’t know,” says Josh. “I don’t think I have the answer … Maybe I should get
some kind of counseling or something to find out what’s wrong with me.”
And after five years in prison, he still doesn’t have the answer. But
since he’s been incarcerated, he hasn’t had any rehabilitation to help him come
to terms with why he murdered Maddie.
“I’m just sitting here, just
sitting here doing stuff at work. That’s all I do every day. I guess it will be
like that pretty much until I die,” says Josh.
“Maybe one day, he’s
going to realize the severity of how many people he affected by doing what he
did,” says Sheila Clifton, whose life has been dramatically changed since her
daughter was murdered.
After 25 years of marriage, the Cliftons are now
divorced.
“My husband, he was just so stricken with grief…We just went
in totally different directions,” says Sheila Clifton. “Watching her grow up,
the dreams and the hopes that we had are gone, and that’s a hard thing for a mom
to accept.”
“What I think is a little girl that didn’t deserve to die. I
try to think about what the hell was going through my head. I screwed up my
life. I screwed up hers,” says Josh. “She’s not gonna have the chance to do
anything. It’s all because of me.”
Florida Sen. Steven Geller may hold the key to Josh’s future. “I believe in
redemption. I believe that there needs to be a second chance,” says Geller.
“We have to start recognizing that children are not just short adults.
What happens if an 8-year-old shoots somebody? Do you put them in prison for the
rest of their life? Under current Florida law, you can. I’m sorry. I think
that’s wrong.”
Geller has introduced a bill that would make first-time
violent juvenile offenders serving life sentences eligible for parole after
eight years.
“Charles Manson gets the opportunity of parole. Why should
this 14-year-old at the time of the act … why should they not have the
opportunity for parole?” asks Geller.
For now though, prison, not
parole, is Josh’s reality. “Lately, the life sentence is just kinda hitting me,”
says Josh. “Every day, you see a big line in the medical for pills and stuff,
and guys with the walkers and stuff, and I say that might be me in another 50
years.”
Josh has done well in prison. Despite living in the general adult population
since he was 15, Josh says he was never sexually assaulted or had any physical
problems in prison. He’s gone on to receive his high school diploma and now
works as a law clerk advising fellow inmates.
“He wants to do well. He
wants to make something of himself,” says Josh’s mother, Missy. “I believe he
should have a second chance to get out one day.”
Surprisingly, today,
even Maddie’s mother has had a change of heart. “I don’t hate him. I hate what
he did,” says Sheila Clifton. “Being put away in prison for life, I can’t
imagine. I don’t think any child should have to suffer that.”
“I don’t
think it’s appropriate to lock them up and throw away the key,” says Sen.
Geller.
Just last week, Florida’s conservative Gov. Jeb Bush said he is
seriously considering supporting Geller’s bill. But if the bill passes, it may
affect only future cases, meaning Josh’s life sentence would remain.
But
what would Josh do if he had a second chance?
“If I got out, I’d owe the
world a lot,” says Josh. “I'd try to do whatever I could to repay them. I don’t
know if I deserve a second chance or not, but I know I want the chance.”
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