Caged Kids

0:00Music

0:08You made a choice and that choice was to be thugs. They were children, all sentenced to hard time. Lisa, a promising athlete. Give me all your money right now. Right now! She's the girl behind the mask. You know, it wasn't scary. She's serving seven years. It was just sad. Sean was 16 when he killed his friend's father. She was being abused. I was a kid with braces on his teeth. I thought he was helping a friend in trouble. He got 8 to 24. I was introduced to a world I had no idea existed. Also... We're talking about a 17-year-old girl. Will Rebecca go free? You've been here for how many years?

0:51Eight years. So as far as you're concerned, the state then will be setting free a cold-blooded murderer. Kids tried and convicted as adults. Should we throw away the key? What happens if an eight-year-old shoots somebody? Do you put them in prison for the rest of their life? 48 Hours Investigates. Caged Kids.

1:23I'd like to leave around between 7 and 7.30 to get there when visiting hours began around 9. Missy Phillips is on her way to visit her son Josh in the Marion Correctional Facility in Lowell, Florida. I mean, I love my son. I just want to support him and I miss him. It's a trip Missy has taken once a week, every week, for the last five years.

1:54And then he's always sad when I leave him there. It's hard because it's going to be another week. I love my mom. She's real strong. 20-year-old Josh Phillips has spent a quarter of his life behind bars. I'm glad that she stayed with me now. And will remain in prison until the day he dies. When you look into his eyes, when you see his face today, what do you see? I see my son. I see the little boy that I saw grow up.

2:30Erin Moriarty:Josh is a monster in my mind because normal people don't kill their playmates. Steve and Sheila Clifton's daughter, Maddie, was just eight years old when she vanished from her Jacksonville, Florida neighborhood in November 1998. Can Maddie please come home? Mom and Daddy and Jesse are ready for you to come on home. I'm going in the woods if anybody wants to go with me. 48 hours was there as thousands of people search for Maddie. Maddie is going to come home. She will come home. Maddie! There was no night and day. It was just this nightmare. It was horrible. It took seven days for Steve and Sheila Clifton to learn what happened to their daughter.

3:22We found Maddie Clifton this morning. She was dead. Oh my God. Maddie Clifton had been right across the street the whole time. Her body stuffed under 14-year-old Josh Phillips' waterbed. Just a brutal, senseless murder. Josh told police that while playing, he accidentally hit Maddie with a baseball. He told the police that he carried her in the house and took her to his room and put her on the floor. This is Josh's dad, Steve Phillips, in 1998. And that, she started to make noises, and he got scared even more. Scared because Josh was afraid of getting in trouble. In a panic, Josh hit Maddie with a baseball bat and stabbed her to stop her screaming.

4:23The case of the state of Florida versus Joshua Earl Patrick Phillips. Josh, who had no history of violence, was charged as an adult with murder. We the jury find the defendant guilty of murder in the first degree. Mr. Phillips in custody, please. In the early 1990s, most states, including Florida, changed their laws, making it easier to try juveniles as adults, putting the emphasis on punishment rather than rehabilitation. It was in this climate in 1999 that Josh Phillips was sentenced to life without parole.

5:05He was convicted justly. 48 Hours interviewed the Cliftons a week after Josh was convicted. Does Josh deserve to spend the rest of his life in prison? I believe so. I don't know what should happen, but I'd like to get out. This was 15-year-old Josh before he was transferred to state prison. Why did this happen? I don't know. I'm not... I don't think I have the answer. And after five years in prison... I really don't know. Not really. Josh still doesn't have the answer. Were you angry? Were you an angry young man at 14? I had anger in me, I guess. And now maybe I should get some kind of counseling or something, find out what's wrong with me.

6:01But since he's been incarcerated, Josh hasn't had any counseling to understand why he killed Matty. I'm just sitting here, you know? All I'm doing is sitting here, eating, doing stuff at work, and that's all I do every day. and it's going to be like that pretty much until I die. Maybe one day he's going to realize the severity of how many people he affected by doing what he did. Sheila Clifton's life has been dramatically changed since her daughter Maddie was murdered.

6:37After 25 years of marriage, Sheila and Steve Clifton are now divorced. My husband, he was so struck with the grief. We just went in totally different directions. Watching her grow up, the dreams and the hopes that we had are gone. And that's a hard thing for mom to accept. What do you think about when you think of Maddie? I think about this little girl who didn't deserve to die.

7:10and I try to think what the hell is going through my head. You know, I screwed up my life, I screwed up hers. She's not going to have a chance to do anything. It's all because of me. I believe in redemption. I believe that there needs to be a second chance. Florida State Senator Stephen Geller may hold the key to Josh Phillips' future. 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. If we pass today's bill, we'll be able to do something about that.

7:47He 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 to have parole. Why should this 14-year-old at the time of the act, Why should they not have the opportunity for parole? For now, though, prison, not parole, is Josh's reality. Lately, the life sentence is just hitting me, kind of. Every day you see a big line in the medical, every day for pills and stuff. You see a bunch of guys with walkers and stuff, and it looks like, that might be me another 50 years. Since Josh has been away, his father, Steve, died in a car accident.

8:30Josh loved his dad and Steve loved Josh, so I had to stay strong for Josh. I got mom now, but you know, she's all got left. But with all that has happened, Josh has done well in prison. Despite living in the general adult population since he was 15, he says he was never sexually assaulted. No, I've never really had any physical problems in prison. Josh has 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. What do you believe should happen to Josh? I believe he should have a chance to get out someday.

9:11And surprisingly, today... I don't hate him. I hate what he did. Even Maddie's mother has had a change of heart. Do you think that Josh should ever get a second chance at life? Maybe one day. 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 him up and throw away the key. And Senator Geller may have an unexpected ally. Just last week, Florida's conservative governor 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.

10:00His only hope would be a grant of clemency. What would you do if you had a second chance? If I got out, I'd owe the world a lot because they gave me a second chance and I'd try to do whatever I could to repay them.

10:15So I don't know if I deserve a chance or not, but I know I want the chance.

10:28Sean thought he was helping a friend in trouble. I really didn't think of the repercussions. He's had 16 years to think about it. I mean, I made a huge mistake. I was introduced to a world I had no idea existed. Still to come. No, open the drawer right now.

10:54When we don't start to deal effectively with our situations, we're never going to be able to get past them. As much as you can try to... I'm just a good listener, and you can't underestimate the power of a good listener. That's not good enough. Sometimes in this group, listening is all Sean Peake can do. I kind of can relate, because I just came home myself. They are men recently released from prison. How long were you away for? Three years. Despite the shirt and tie and a master's degree, Sean can relate to their struggles. A lot of times, there's not too many doors open for us. That's because Sean Pica, the counselor, was once Sean Pica, the convict.

11:38It's hard to swallow that due to my own efforts, my own hand, that I lost 16 years of my life. Sean, now 35, spent half of his life in maximum security prison. When I was 16 years old, I shot and killed my friend's father. It was in 1986, here in Selden, Long Island, where Sean Pica, a high school junior, sat next to a girl named Cheryl Pearson in homeroom. Although they were just casual friends, Cheryl confided in Sean that her father was physically abusing her. Desperate to stop the abuse, Cheryl told Sean she would pay him to kill her father. I was a very confused, mixed-up kid. I really didn't think of the repercussions.

12:34Sean, who had witnessed domestic violence in his own home, agreed to help Cheryl. We determined that as two 16-year-olds that this was the only way that we were going to be able to deal with this situation. What was your relationship like with Cheryl Pearson? Did you have a crush on her? I think maybe a little crush, but I don't think that's what motivated me. I think I was just more or less, I thought I was helping a friend. It was February 5th, 1986. Before dawn, Sean hid behind some bushes in front of the Pearson home. A loaded.22 caliber rifle at his side. How did I get here? And am I about to really take somebody's life?

13:21It was pretty dark. And when the father came out in the morning for work, I walked out of the shrubbery and I shot and killed him.

13:33It was wrong, and I know it was wrong. I knew it was wrong then, but I still believed I was doing it for a right reason. Sean and Cheryl were arrested a week later, and the teenagers quickly made headlines.

13:58The word was hitman, and the fact was I was a 16-year-old kid with braces on his teeth that wasn't even shaving yet that thought he was helping a friend in trouble. Although they both pled guilty to manslaughter, their sentences were very different. Step aside, step back. Cheryl, do you have anything to say about the sentence at all? When it was determined that Cheryl's father had also sexually abused her, Cheryl, what do you think of the verdict? the judge showed mercy, releasing Cheryl after just three and a half months in county jail. How are you doing?

14:33Erin Moriarty:Cheryl, you look great. How do you feel? Okay, I'm just glad it's over, you know? But for Sean, it was just the beginning. I'd never been arrested before. I was introduced to a world I had no idea existed. Sentenced to 8 to 24 years, Sean was to spend the next 16 in state prison. I spent a lot of years just getting through day to day. I did what a lot of guys do. I used the only thing that's available to numb myself to escape the situation. And, you know, you get high. Drugs and a bad attitude landed Sean in solitary confinement twice.

15:19Really, it was those days in solitary where I just said, you know what, I can't live like this. Mentally, I can't take it. And I started to make some changes at that point. Those changes meant getting an education in prison, where surprisingly, Sean got a lot of support from his fellow inmates. All the men that were my mentors and were just there for me for so many years, always a shoulder to lean on, no matter what the situation was, these guys were always there for me, always had my back.

15:57While serving his time, Sean received his high school diploma, a bachelor's degree, and a master's degree. The only thing that I carried out those gates with me was that education. And I'll tell you, when I went to those gates to be released after 16 years, I had never been so scared in my life. Sean was paroled from Sing Sing Correctional Facility in December 2002. These past few months, just experiencing so many things for the first time. I mean, things that everyone around me takes for granted.

16:36I mean, I made a mistake, and I'll be the first to admit it was a huge mistake. But I still believe I deserve the second chance. Today, Sean is making the most out of that second chance. This is Sean. We've met people, we know. His days are now spent working with tenants in this East Harlem housing project. You look out for me a few times too, son. And Sean is still going to school. Now he's working towards a second master's degree in social work. What does your family think about you today and what you're doing? They proud of you? They gotta be. Very proud. Sean's family never gave up on him.

17:21But nothing is more important to Sean than his other family, those who have served their time, too. We're going to have to start getting into some more of the deeper issues and looking deeper at ourselves. Here at Strive, Shawn helps former inmates adjust to life on the outside. The prison system is just filled with so many men like myself that got in trouble young and spent the next 15 or 20 years in prison and went to school and really do deserve a second chance. And I think that they should get it, just like I got it.

17:59Lisa was popular, athletic, a kid from the birds. She's also an armed robber. Give me all your money!

18:10Erin Moriarty:What got you here? I guess I didn't care.

18:41Erin Moriarty:This dramatic holdup was caught by a store's security camera in Texas. It turned out to be the first in a series of five convenience store robberies pulled off by a well-organized gang. Come on, hurry it up! They just kept telling me, you've got two seconds, bitch, or we're going to shoot you. And I couldn't get the cash register open. I was hitting all the buttons. Nothing was working. They scared me so bad. And when you feel like you're going to die, that's not a good feeling. The hold-ups didn't make much news until the gang members were finally caught and their identities revealed. Police say they were gun-wielding girls.

19:20Residents of the suburban Kingwood community are shocked to learn four female teenagers have been arrested for armed robbery. Ladies, you are here before the court today for formal arraignment.

19:31Erin Moriarty:Four teenage girls moonlighting as armed robbers. And not just girls, but middle and upper class girls. All high school students living in Kingwood, an affluent area of Houston. The girls boastfully called themselves the Queens of Armed Robbery. The first thing I thought when I saw them is that they were drug addicts. Judge Mark Ellis had never faced defendants quite like these in his court. Part of the reason the crimes were being committed was to get money for dope. All your f****** money! Now! The girl behind this mask and the frightening bravado was the last person you'd expect to commit a robbery.

20:14Erin Moriarty:17-year-old Lisa Warzega.

20:21Erin Moriarty:When we first met her, she was facing trial for robbery, a gifted young athlete with hopes for a college scholarship. I had so much potential, and I just wasted it. She's now a woman, 21 years old, and more than halfway through the seven-year prison sentence she received for armed robbery. It's gone by pretty fast. I kept myself pretty busy. But Lisa says it was almost unbearable when she first got to prison. Two people tried to slit their throats. I think another tried to hang herself.

21:12And some people get that hopeless.

21:16Erin Moriarty:Lisa had hoped to avoid prison. She and co-defendant Katie Dunn pled guilty, hoping they'd get probation from a sympathetic jury. But they had few answers for prosecutor Terrence Windham's tough questions. That lady behind the counter, you scared the living daylights out of her, did you? Yes, I did. I want your true, honest feelings. If this happened to you, you'd want somebody to go to the pen, wouldn't you?

21:48Erin Moriarty:Yes. The jury agreed, and so did Judge Ellis. You made a choice, and that choice was to be thugs, to go out and take money at gunpoint and to terrorize these people. Spare me your tears. you have sown the wind and you have now reaped the whirlwind. Those are tough words. Well, it's hard to feel sorry for the girls. There were violent, scary crimes, too many crimes. Was it the right sentence? Absolutely. Seven years in a Texas state prison. At the time, it seemed like a harsh sentence for first offenders. There was also the risk that the teams who went in would come out hard in criminals. But four years later, in Lisa's case, it appears as if the judge and the jury were right.

22:44Erin Moriarty:I work on the maintenance crew. Today, Lisa Warzeca is not exactly doing hard time at the Gatesville Women's Prison outside Waco, Texas. You do plumbing? Sort of, yes. She's managed to graduate high school, earn an associate's degree, and has been accepted by the University of Texas for her bachelor's degree. Do you hear from anyone from your high school class? One friend, occasionally. But while she's lost friends from home, she's regained close relations with her sister and her parents, who have once thought they had lost forever the little girl they raised. She was constantly in our face, very aggressive, very hostile.