MIAMI (CBSMiami) — The man put away for killing his classmate in a bathroom at Southwood Middle School will remain behind bars for now.
After more than a decade in prison, Michael Hernandez was set to be back in a courtroom for a hearing to review his life sentence.
On Tuesday, the judge agreed to reschedule the 3-day hearing for January 6th through the 8th. The confirmation of the hearing depends on the availability of expert witnesses.
Until then, he remains in prison for the death of 14-year old Jaime Gough.
Hernandez was just 14 when he stabbed Gough to death. During his trial, prosecutors claimed Hernandez wanted to become a serial killer and even made a list of those he wanted to murder.
In 2008, a jury didn’t buy the defense’s argument that Hernandez was legally insane at the time of the killing and convicted him of first degree murder.
Hernandez was sentenced to life in prison with no chance of parole.
That sentence now has to be reconsidered since the U.S. Supreme Court banned automatic life terms without the possibility of parole for minors convicted of murder.
The family of Michael Hernandez has always argued that he needs psychiatric help not more prison time.