MUSKEGON, Mich. — A hearing is underway to determine if Amy Black, who was 16 when she participated in a Muskegon County murder, should be released from prison after serving more than three decades for the 1990 crime.
“I think she is salvageable and should have a shot at returning to the community,’’ testified Dr. Timothy Wynkoop, a psychologist for the defense who interviewed Black on several occasions.
The Muskegon County Prosecutor’s Office disagrees. It is arguing that Black, 46, should remain locked up for the death of David VanBogelen. He was stabbed and beaten; his body propped up against a tree.
“At the time you discuss her true and genuine empathy for others, were you aware that during her confession, she acknowledges that she was cool, calm and collected about the whole thing, that the blood didn’t bother her at all?’’ Muskegon County Assistant Prosecutor Amol Huprikar asked Wynkoop.
In December of 1990, Black and her older lover beat and stabbed David VanBogelen after sizing him up as an easy target because he was drunk.
His frozen body was found propped up against a tree in Muskegon County’s Fruitport Township, not far from the VanBogelen family home.
Black’s co-defendant, Jeffery T. Abrahamson, now 50, is serving life without parole. He was 19 when the murder took place.
But Black was given a chance at freedom when the U.S. Supreme Court in 2012 said mandatory life sentences for juveniles amounted to cruel and unusual punishment.
Life sentences are still possible, but only under the rarest of circumstances.
The hearing before Muskegon County Circuit Court Judge Timothy G. Hicks will determine if Black remains locked up for life or is given a term of years.
Several defense witnesses testified during Tuesday’s virtual hearing, advocating for Black’s release.
Witnesses included Dr. Michael Abramsky, who interviewed Black in October of 2016. He said Black’s adolescent brain wasn’t fully developed in 1990 when the murder occurred.
“She didn’t come from a home that activated her potential, which made her susceptible to being influenced by others,’’ Abramsky testified. “She acted in aggressive ways, in fearful ways.
“She’s not the 16-year-old that she was,’’ Abramsky said, acknowledging that the crime was “horrible.’’
“She served 30 years for it,’’ Abramsky said. “She has shown an effort to rehabilitate herself.’’
Members of VanBogelen’s family watched Tuesday’s virtual hearing; they want Black to stay behind bars.
“She may have paid 30 years for her crime, but Dave did a lifetime for a crime that he didn’t commit,’’ the victim’s widow, Barb VanBogelen said. “There is no way she should get out of prison for what she did.’’
The hearing is expected to resume on Wednesday. A third day is also scheduled, if needed. The prosecution plans to call a psychologist who interviewed Black after the crime occurred and again several years later.
At the time of his death, David VanBogelen was 34 and had a management position at a local foundry.
He was a devoted husband and father who also shared a passion for motorcycles with friends and family.
He crossed paths with his killers at a restaurant, where VanBogelen had gone after an evening out with friends. Abrahamson and Black saw he had a wad of cash and appeared intoxicated. They invited him back to their apartment in Muskegon Heights.
It is there, police say, Black beat VanBogelen over the head with a weighted whiskey bottle.
“Four times in the head with a Jack Daniels bottle filled with beer pull tabs,’’ Barb VanBogelen said. “She openly said she did her fair share in the killing; that she was the one that hit him.’’
Black and Abrahamson then led David VanBogelen to his company pickup, stuffed him inside and drove to a remote area near Brooks and Ellis roads in Fruitport Township where Abrahamson stabbed him numerous times.
They left VanBogelen along a two-track, cleaned up blood from the apartment and the pickup and took off for Barry County. They were arrested there three days later.
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