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Today a motion for resentencing was heard in the Wayne County Prosecutor's Office's oldest People v. Poole case by Judge Chandra Baker-Robinson. Poole held that the decision in People v. Parks, 510 Mich 225 (2022), that mandatory life without parole sentences imposed on 18-year-old defendants violates the Michigan constitutional prohibition against cruel or unusual punishment. * Const. 1963, art. 1, § 16-is substantive and applies retroactively to cases on collateral review. WCPO recognizes the precedential effect of the ruling and did not object to the application of its holding in Defendant Ivory Thomas's case.

Mr. Thomas is currently 77 years old and has been incarcerated since October 1965. On October 27, 1965, Mr. Thomas was 18 years old, when he was convicted of first-degree felony murder in the robbery in fatal stabbing Mr. Michael Railsback, age, 18, of Detroit, as he was walking though Dueweke Park. The men were strangers.

He has been incarcerated for nearly 60 years. During his years in the Michigan Department of Corrections records support Mr. Thomas's positive transformation while in prison. He has accepted responsibility for his actions and serves as a mento to other inmates. He currently is experiencing serious health challenges that have a daily impact. The family of the victim supports the defendant's release, and he has a large amount of community support.

"Mr. Thomas is 77 years old and has served 60 years in prison for taking the life of Michael Railsback since he was18 years old. He is very ill and has accepted full responsibility for his actions. We have examined this case and believe in these facts, as well as Mr. Thomas' transformation in prison, that the family of Mr. Railsback and I can fully support Mr. Thomas' release," said Prosecutor Kym Worthy.

Judge Baker-Robinson re-sentenced Mr. Thomas to 40 - 60 years. This means that his maximum sentence has been served and he will likely be released from the Thumb Correctional Facility, in Lapeer, MI today. He is represented by defense attorney Kim Thomas with co- counsel Jeff Edison.

Please contact the Michigan Department of Corrections for a photograph of Mr. Ivory.

*https://www.courts.michigan.gov/48eef9/siteassets/case-documents/uploads/opinions/final/coa/20240118_c352569_158_352569.opn.pdf

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