{"id":267562,"date":"2026-08-18T15:18:10","date_gmt":"2026-08-18T15:18:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-pa\/267562\/"},"modified":"2026-08-18T15:18:10","modified_gmt":"2026-08-18T15:18:10","slug":"philadelphia-stands-out-for-its-approach-for-revisiting-felony-murder-in-pennsylvania","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-pa\/267562\/","title":{"rendered":"Philadelphia stands out for its approach for revisiting felony murder in Pennsylvania"},"content":{"rendered":"

By Whitney Downard, Pennsylvania Capital-Star<\/a>
August 17, 2026<\/p>\n

In two GOP-led meetings last week, county district attorneys across the state repeatedly spoke about the oncoming \u201cchaos\u201d created by the state legislature\u2019s failure to create a sentencing structure for felony murder. The discussions took place in the wake of a\u00a0Pennsylvania Supreme Court ruling that mandatory life sentences were unconstitutional.<\/p>\n

\u201cPeople are going to be treated disparately in every county across the commonwealth, and that\u2019s very dangerous because there will be no uniformity. We will still have no idea what\u2019s going on,\u201d said Westmoreland County District Attorney Nicole Ziccarelli on Thursday. \u201cIt will create chaos and violations in our communities \u2026 that scares me a great deal. That\u2019s something that keeps me up at night.\u201d<\/p>\n

Data from the state Department of Corrections indicate that Westmoreland County has nine felony murder cases that could now be revisited. That number pales in comparison to the caseload Philadelphia District Attorney Larry Krasner will oversee, which accounts for almost half of the state\u2019s 1,100-plus cases.<\/p>\n

Krasner and other district attorneys pointed to another decade-old resentencing effort for juveniles automatically sentenced to life. The U.S. Supreme Court ruling reversing automatic life sentences for juveniles impacted less than 500 people<\/a> in Pennsylvania prisons.<\/p>\n

\u201cI think we have a clear example with the way juvenile lifer cases were handled. That individualized resentencing was carefully done with as much record and as much expert testimony as it necessary,\u201d Krasner told the Capital-Star. \u201cIt worked. And I think the parole board also worked.\u201d<\/p>\n

One of them was Robert Saleem Holbrook. Krasner held up Holbrook, now the executive director of the Abolitionist Law Center, as an example of someone who returned to everyday life after decades in prison and became a part of the community.<\/p>\n

\u201cWe want justice done. And that justice has to be done in a way that resources are devoted to everyone that\u2019s going to be involved in these resentencing hearings,\u201d said Holbrook.<\/p>\n

The state\u2019s highest court gave the General Assembly 120 days to draft a solution, but the Democratic-controlled House and the Republican-controlled Senate didn\u2019t come to a consensus<\/a> before the July 24 deadline. Also known as second-degree murder, the charge is brought when someone is killed during the commission of another felony, even if the defendant did not intend to cause the person\u2019s death.<\/p>\n

In more than 80% of cases<\/a>, the underlying crime is a robbery or burglary. Kidnapping, arson and sexual assault make up between 2-5% of cases each, though certain crimes involved multiple elements.<\/p>\n

Using juvenile resentencing as a template<\/p>\n

Hundreds of other \u201cjuvenile lifers\u201d also returned to Philadelphia over the years after decades in prison. A 2025 report found that just 4%<\/a> went on to commit another crime.<\/p>\n

\u201cThat is very important, and should be very important to any legislator who\u2019s thinking about a legislative solution. It should be very important to any judge who may be doing an individualized resentencing,\u201d added Krasner, noting that Philadelphia\u2019s homicide and violent crime rate is at a record low<\/a>.<\/p>\n

He said that a Philadelphia group will collaboratively determine the best way to prioritize old felony murder cases using that experience as a guide. Starting with the oldest cases, they\u2019ll identify those who used their time in prison to mentor others or develop skills and have a record of good behavior, thus making them good candidates for reintegrating into society.<\/p>\n

\u201cOne of the good things about these resentencings is we\u2019re not guessing,\u201d said Holbrook. \u201cWe know what they\u2019ve been doing in jail for quite some time, and I think that brings clarity to their capacity for reform.\u201d<\/p>\n

But other district attorneys don\u2019t remember juvenile resentencing being so smooth.<\/p>\n

The office of Allegheny County Deputy District Attorney Ronald M. Wabby Jr. handled the case that prompted<\/a> the Supreme Court to overturn mandatory life sentences. Derek Lee was convicted in 2016 for a 2014 home-invasion robbery in Pittsburgh.<\/p>\n

He said one judge tried to levy a seven-and-a-half to 15-year murder sentence for a juvenile.<\/p>\n

\u201cA similar situation will occur now because there\u2019s no framework to accomplish anything,\u201d he warned. \u201c(Judges) could do anything they want. It\u2019s a frightening concept \u2026 they could over sentence, they could get probation for murder. There\u2019s no floor. There\u2019s no ceiling.\u201d<\/p>\n

Citing that experience with juvenile cases, Wabby said the simplest solution for old second-degree murder cases would make everyone eligible for parole after a set number of years rather than resentencing every case.<\/p>\n

\u201cThe lesson we\u2019ve learned from resentencing all of those people is the idea that all you\u2019re doing is hurting the victims, and that\u2019s what we\u2019re trying to avoid,\u201d he continued. \u201cThe parole board is better geared to be \u2018flooded\u2019 than the court system. The court system already is overburdened with the idea that we have to deal with the crime that happens each and every day across the commonwealth \u2026 the parole board, they\u2019re already geared to do this.\u201d<\/p>\n

One proposal would cap that at 35 years \u2014 the preferred bill for most Republicans \u2014 while the Democratic-led effort picked 30 years.<\/p>\n

Krasner and Holbrook rebuffed both, pointing to Pennsylvania\u2019s neighboring states. Four \u2014 including blue states like New York and red states like West Virginia \u2014 have minimum sentences of 15 years.<\/p>\n

\u201cPennsylvania is an outlier already now when it comes to the number of people serving life without parole sentences,\u201d said Holbrook. \u201cThe parole board is in a position to make determinations of who should be paroled and who should not be paroled.\u201d<\/p>\n

Preserving life without parole as an option<\/p>\n

A big concern for district attorneys has been protecting the option to seek life sentences, even for those who weren\u2019t the principal cause of violence.<\/p>\n

If there\u2019s no option for life with parole, Adams County District Attorney Brian Sinnett said he doesn\u2019t know if he\u2019ll ever offer second-degree murder again.<\/p>\n

A specter of justice in Pennsylvania<\/a><\/p>\n

\u201cThere was no reason under the present climate to pursue first-degree murder versus second-degree murder while life without parole was the same sentence for both,\u201d Sinnett told the Capital-Star. \u201cNone of these were jury verdicts of second-degree murder \u2026 when there was no practical difference, it made more sense if you could get a case resolved.\u201d<\/p>\n

Like many counties \u2014 with the notable exception<\/a> of Philadelphia \u2014\u00a0all of the seven Adams County cases were accepted as part of a plea bargain.<\/p>\n

\u201cThis was a plea agreement where the person agreed to life without parole, and that\u2019s why I think it\u2019s different than a trial,\u201d he continued.<\/p>\n

Sinnett described the two second-degree murder cases he oversaw in his role, saying that he consulted with victim families before finalizing agreements. Plea bargains allow prosecutors to resolve cases without going to trial, even if the case has the \u201cintentional\u201d aspect that could make it a first-degree murder case.<\/p>\n

To protest a Democratic proposal expanding medical release, several Republicans have posted photos and videos of some heinous crimes, including Sinnett\u2019s prosecution of Kristopher Gartrell, who murdered, tortured and sexually assaulted an 87-year-old woman<\/a>.<\/p>\n

\u201cI\u2019ve been doing this long enough to know that you never know for sure what a jury is going to do. One juror could hold up the whole process and you have to try it again,\u201d he said, noting that trials can be particularly traumatic for victim families. \u201cThe ordeal of having to testify, of having to have your loved one\u2019s life ripped apart \u2026 is all very troubling for people.\u201d<\/p>\n

Some Republicans have claimed that most<\/a> second-degree murderers aren\u2019t so-called getaway drivers or lookouts.<\/p>\n

Krasner called that a \u201clie,\u201d saying he just prosecuted a case where several men were stealing cars. One, who played the role of a getaway driver, didn\u2019t even know his accomplices had firearms.<\/p>\n

\u201cAny prosecutor who is telling you there are no getaway drivers should be ashamed of him- or herself,\u201d he added. \u201cBut it is true that there\u2019s a very, very wide range of culpability.\u201d<\/p>\n

Historically, Philadelphia has approached cases differently than the rest of the state.<\/p>\n

A 2021 state-commissioned report<\/a> from the Philadelphia Lawyers for Society Equity found that Pennsylvanians living outside of Philadelphia and Allegheny County were more than twice as likely to plead guilty \u2014 rather than going to a trial \u2014 when compared to the rest of the state.<\/p>\n

\u201cThere\u2019s not a defendant in the world who is pleading guilty to second-degree murder or first-degree murder unless they\u2019re facing the death penalty,\u201d asserted Krasner. \u201cEven though there have been no executions (for decades), there are jurisdictions \u2026 where they threaten the death penalty in order to coerce a plea to life without parole.\u201d<\/p>\n

Pennsylvania hasn\u2019t executed anyone since 1999<\/a>.<\/p>\n

Beyond county borders<\/p>\n

Decisions in one county wouldn\u2019t just impact those residents because their homes might be elsewhere, added Indiana County District Attorney Robert Manzi Jr., naming judges in progressive Philadelphia as a concern.<\/p>\n

The 500-plus cases originating in Philadelphia County are \u201cnot something that\u2019s going to stay there, right? That\u2019s very concerning,\u201d he continued. \u201cThe train comes right from Philadelphia into Cambria County and disperses all over western Pennsylvania \u2026 it is something truly for people throughout the state to be worried about.\u201d<\/p>\n

He wasn\u2019t alone in his claim.<\/p>\n

\u201cYou want to talk about people being treated disparately? You want to talk about danger on the streets? Worry about Philadelphia,\u201d said Ziccarelli.<\/p>\n

She\u2019s part of the board of the Pennsylvania District Attorneys Association, which supports a Republican proposal for a 35-year minimum sentence. That organization represents every county district attorney in the state, with the exception of Krasner.<\/p>\n

\u201cThe biggest reason they\u2019re talking like this is because many of these counties are financially dependent on prisons, and on those prisons being full of Philadelphians,\u201d said Krasner. \u201cThey\u2019d rather have Philadelphians, many of them Black and brown, locked up because those aren\u2019t their voters.\u201d<\/p>\n

Holbrook was more blunt in his response.<\/p>\n

\u201cThat\u2019s unfortunately a continuing narrative that Harrisburg has of Philadelphia, and as someone that was up in those areas and around those types of people, I can assure you that it\u2019s rooted in racism,\u201d he said. \u201cThey\u2019re always using \u2018Philadelphia\u2019 as a talking point to advance racist narratives in Pennsylvania.\u201d<\/p>\n

He said conservative politicos made the same arguments about juvenile lifers\u2019 resentencing after the U.S. Supreme Court decisions.<\/p>\n

On a call with Krasner, a victims rights advocate and himself, Holbrook said it embodied Philadelphia\u2019s approach to resentencing.<\/p>\n

\u201cWe\u2019re demonstrating that this is a community problem. You would not expect all of us to be on a call trying to figure out how to handle the situation in a way that prioritizes not our individual offices\u2019 needs, but the communities\u2019 needs,\u201d he continued. \u201cWe wish that Harrisburg would take that same approach.\u201d<\/p>\n

]]><\/p>\n

Pennsylvania Capital-Star<\/a> is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Pennsylvania Capital-Star maintains editorial independence. Contact Editor Tim Lambert for questions: info@penncapital-star.com<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"By Whitney Downard, Pennsylvania Capital-StarAugust 17, 2026 In two GOP-led meetings last week, county district attorneys across the…\n","protected":false},"author":2,"featured_media":267563,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[28,30,29],"class_list":["post-267562","post","type-post","status-publish","format-standard","has-post-thumbnail","category-pennsylvania","tag-pennsylvania","tag-pennsylvania-headlines","tag-pennsylvania-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/267562","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/comments?post=267562"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/267562\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media\/267563"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media?parent=267562"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/categories?post=267562"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/tags?post=267562"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}