James Comer, who was sentenced to 75 years in prison at age 17 for his involvement in four robberies and a felony murder, was released after legal efforts led by the ACLU of New Jersey and Gibbons P.C. His appeals resulted in significant changes to how young offenders are sentenced in New Jersey.
Comer’s case began in 2003 when he received his sentence without the court considering his youth or life experience. In 2014, the ACLU-NJ and Gibbons P.C. challenged the sentence, arguing that U.S. Supreme Court rulings prohibit sentencing minors to terms that amount to life without parole. Without this intervention, Comer would not have been eligible for parole until he was 86.
Upon release, Comer said, “It means the world to me to have the opportunity to rejoin my loved ones. I am forever grateful for this second chance and relieved that no child will face the hopelessness that I endured when I was effectively sentenced to die in prison.”
ACLU-NJ Executive Director Amol Sinha commented on the outcome: “I am thrilled and relieved that James is finally free from prison, decades earlier than his original sentence. I am incredibly proud of the groundbreaking work our team and partners did to fight for James’ release.James’ return represents a monumental win for racial justice and decarceration that will shape a more just future for so many young people and their families.”
As a result of Comer’s second appeal, the New Jersey Supreme Court now allows anyone under 18 who received an extreme sentence to request a lookback hearing after 20 years. If rehabilitation can be shown at that time, they may receive a reduced period before parole eligibility—a change already impacting nearly 100 people previously facing lengthy sentences.
Alexander Shalom, Partner and Chair of the Lowenstein Center for Public Interest, stated: “James’ resilience and unwavering belief in positive change have forever advanced youth justice in New Jersey. His story demonstrates how important it is for our state to value second chances, especially for young people.”
New Jersey continues to have some of the highest racial disparities among its prison population nationwide, making policy changes such as these significant steps toward racial justice.
Lawrence S. Lustberg, Director of the Gibbons Fellowship in Public Interest & Constitutional Law at Gibbons P.C., which worked with ACLU-NJ on this case, said: “The profound change James has been able to achieve in fighting his extreme sentence will benefit countless others who will never have to face such a cruel punishment. I’m hopeful this is only the beginning when it comes to prioritizing rehabilitation in the criminal legal system, especially for the next generation.”
