Man fights to keep murderer behind bars

NORWICH, Conn. (WTNH) -- His wife and son were brutally murdered, now a Norwich man is fighting to keep their killer behind bars.

Lawmakers are considering a bill that would give prisoners convicted of violent crimes when they were juveniles a chance to get out of jail.

It will be 20 years ago this May that John Cluny's wife and son were murdered in cold blood. He tells his story now to keep their killer behind bars.

"He was behind this door and put a bullet behind her left ear and her head slumped against the desk," Cluny said.

He talks about the horrific day when he discovered his wife Elaine and 14-year-old son David shot to death by their 15-year-old neighbor Michael Bernier. He slept over on a Friday night and then on Monday, May 24, 1993, he broke into the home and shot them at point blank range.

"He was so close when he pulled the trigger that there were powder burns in the wound," said Cluny.

Bernier, who also shot their dog and a tv console, admitted to the murders and in 1995 was sentenced to 60 years in jail with no possibility of parole.

However, a new bill is aimed at allowing juveniles to go in front of a parole board after serving 10 years or half of their sentence, whichever is longer. That means this killer could get in front of a parole board after serving 30 years.

"It makes me feel like you can't trust the justice system," Cluny said.

Chief State's Attorney Kevin Kane who prosecuted Bernier understands that, but says the US Supreme Court is moving toward not throwing away the key on juvenile offenders who may not understand fully what they have done. Kane says the state legislation allows them to be eligible for parole, but also requires stricter guidelines for release considering the nature of the crime and affect on victims and public safety.

"Maybe a 7-year-old, an 8-year-old, but not a 15-year-old," said Cluny.

At the time of this murder Cluny says the law said Bernier and any juvenile accused of murder may be tried as an adult and he was. He says this case changed that law to make it more of a definite. Now he's hoping this case also keeps Bernier behind bars and not eligible for parole.

He wants Bernier to serve the 60 years his family was promised and he is speaking for them.

"I owe it to them," he said.

Cluny says if this bill is passed and Bernier is given a parole hearing he will be there, but he'd rather the law not change and he not have to go through that.