Pennsylvania lawmakers near second-degree murder deadline as uncertainty looms
Time is running out for lawmakers in Harrisburg to decide on a Pennsylvania Supreme Court ruling earlier this year.
In March, the Pennsylvania Supreme Court ruled that mandatory life sentences without the possibility of parole for second-degree murder convictions are unconstitutional. This charge, also known as felony murder, is used when someone participates in a violent crime that ends in death.
The decision stemmed from the case against Derek Lee, who is currently serving a sentence of mandatory life in prison for felony murder after a jury convicted him of the 2014 killing of Leonard Butler in Pittsburgh's West End. Lee was an accomplice during a robbery when Butler was killed.
"You simply couldn't have a life without parole sentence, mandatory for that crime, without any assessment of whether the person meant to kill or intended to kill," University of Pittsburgh law professor David Harris told KDKA-TV on Tuesday.
The thing is, the state's top court didn't say this ruling is retroactive and applies to everybody who's ever been sentenced under this charge. Instead, it gave lawmakers 120 days to decide on the mandatory minimum. The deadline to decide is July 24.
However, the state's General Assembly has yet to pass any legislation in both the state House and Senate. In 10 days, 1,100 people incarcerated in the state will be serving illegal sentences.
Harris said if nothing happens, courts will start receiving petitions from prisoners asking their cases to be reviewed for resentencing.
"The problem with not having a new law is that courts may go off in different directions," Harris said.
In turn, Harris said the issue would likely work its way up to the Pennsylvania Supreme Court again to decide whether the Lee case decision was retroactive.
The problem in Harrisburg is that lawmakers haven't landed on a consensus. On Sunday, after the budget passed, Gov. Josh Shapiro said he spent much time trying to bridge the divide.
"I'd like to see the legislature act on this and not just leave it up to every individual county to act. I'd like to find some consensus, and I'm hopeful that we can get there," Shapiro said.
State Attorney General Dave Sunday said in a statement that inaction could be "dangerous," saying it "would leave our communities and victims without needed protections, and it is important that we move forward collaboratively to ensure a responsible solution."
Even if the deadline passes, lawmakers will still be able to act. Harris and other legal experts just hope they're able to sooner rather than later.
"That's one of the ways we can aim toward justice," Harris said.
KDKA-TV reached out to Allegheny County District Attorney Stephen Zappala for comment on the situation and the status of Lee's case, but has not heard back at this time.
