The 14-year-old San Mateo boy convicted of three felony charges after allegedly sexually assaulting his 12-year-old female neighbor was sentenced yesterday to probation and was released into his parents' care.
However, his three felony convictions remain, as his lawyer did not file for an appeal.
The period of probation has not been determined yet, but could last until he is 25 years old, said prosecuting attorney Eddie Thomas.
Juvenile records are usually sealed, but given the nature and severity of the charges, Thomas said it would be extremely difficult to seal the files -- which means they will follow him through his adult life.
The case has received attention lately as local members of the National Association for the Advancement of Colored People and the American Civil Liberties Union expressed concern that the boy did not receive a fair trial.
The ACLU is also looking into the police treatment of the boy, who the parents say was questioned for five hours without properly informing them.
Local representatives of the NAACP and the ACLU were disappointed that there was no appeal and that a new attorney was not assigned.
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"We wish the boy could have had a new trial and a new attorney so that he can be exonerated and not considered a sex offender for the rest of his life," said Marie Davis, president of the San Mateo branch of the NAACP.
Davis is concerned for Mahaney because if the police ever stop him for anything they can search him without cause. She is also worried that he could end up in juvenile hall again if he is ever involved in anything questionable.
"He could get picked up again and in more trouble," she said. "This could be a tragic thing -- it's like giving [the parents] a bone."
But Joyce and Richard Mahaney, the boy's parents, are just relieved to bring their son home after he spent 53 days in Hillcrest juvenile facility.
"I just want to get him home and back in school," said Joyce Mahaney.
The Mahaneys said after they get their son back into school they will look into filing an appeal and getting a new attorney.
The Mahaneys will have to decide if they will file for an appeal within the next 60 days.
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
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