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MIAMI (CBSMiami) – After spending more than a decade in prison for the murder of classmate in a bathroom at Southwood Middle School, Michael Hernandez will be back in court this week.
On Wednesday, a three day hearing is scheduled to get underway to review his life sentence, according to CBS4 news partner The Miami Herald.
Hernandez was just 14 when he stabbed Jaime Gough, also 14, 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 is now being reconsidered since the U.S. Supreme Court banned automatic life terms without the possibility of parole for minors convicted of murder.
During the three day hearing prosecutors will try to convince a judge that Hernandez remains a threat and should be kept behind bars for life. To back up their argument they plan to present recordings of jailhouse calls Hernandez, 25, made to his father and a woman he met online.
In those calls he complains about having to undergo another psychological evaluation and jokes about possibly stabbing himself to prove he can show emotion.
In a phone call with his father he asks him to look up musical bands centered on the word ‘blood’.
“That’s going to be the theme, see how many bands with blood I know,” Hernandez comments.
One song had these lyrics: “I am filled with reason to seek revenge … My thoughts are sickening mindless rage flooding out of me.”
Miami-Dade Circuit Judge John Schlesinger could reduce the sentence or impose another life term.
Jamie’s father Jorge Gough plans to attend this week’s hearing.
He tells CBS4 that he heard Hernandez’s phone recordings and found them troubling.
“He hasn’t changed,” said Gough. “He was sentenced to life and we want the same sentence.”
The family of Michael Hernandez has always argued that he needs psychiatric help not more prison time.