By Lisa Baker
In March, the Pennsylvania Supreme Court in Commonwealth v. Lee ruled that the sentencing law for second degree murder in Pennsylvania is unconstitutional. Fortunately, the court gave legislators a 120-day window to pass legislation rewriting the law to comply with the ruling.
Immediately after this controversial decision was announced, a constituent, Melody Kocis Bartusek, reached out to me expressing grave concerns. In 2007, her brother, Bryan Kocis, was brutally murdered by two men who broke into his home, slit his throat and nearly decapitated him with a knife, stabbed him 28 times in the torso, and then set a fire to cover up the horrific murder. Prior to trial, and in exchange for his testimony against his co-conspirator, Melody and her family gave the prosecutor their blessing to allow one of the defendants, Joseph Kerekes, to plead guilty to second degree murder and be sentenced to life without the possibility of parole. They were assured this violent criminal would never again walk the streets of their community, or any other. It is unconscionable the painful loss this family suffered two decades ago has been reopened. Somehow, the cruelty of mandatory sentences is receiving greater consideration than the cruelty of the violent acts for which sentences were imposed.
In weighing second degree murder, the court and advocates for imprisoned individuals have placed undue emphasis on the “look out” or “getaway driver.” While it is true that the universe of inmates serving life sentences for second degree murder includes these less-culpable accomplices, it also includes numerous individuals who actively participated in the murder. To only focus on the former, while ignoring the latter, does great disservice to family members of the deceased who, like Melody, put their faith in our criminal justice system. This court decision must not be construed as a “get out of jail free” card for violent criminals who pled guilty to second degree murder or who were convicted by juries based upon the compelling evidence presented.
In response, I introduced and the Pennsylvania Senate passed Senate Bill 1400 to provide an opportunity for qualifying prisoners to be released, while preserving the equal public interest in community safety. We ensure greater judicial discretion in sentencing, which the court insists upon, lowering the sentences imposed on those offenders who are less responsible. The bill stays true to justice for murder victims by establishing a Life Without Parole option, should the prosecutor choose to pursue such a sentence and the jury specifically determines the defendant caused the death of the victim, an additional aggravating factor.
That new structure is acceptable going forward. But it is immensely unfair to not thoroughly screen and differentiate the cases of the violent murderers now incarcerated. Thus, we create a process for reviewing the cases to separate those with direct involvement in the murder from those who had minimal culpability. The parole board would ultimately decide whether to grant or deny parole, based on criteria set out in the proposed law. To ensure surviving families are not repeatedly dragged through the parole process, the bill imposes a limit on the frequency with which an offender may re-petition the board after being denied parole.
What are the consequences of failing to meet the court deadline? More than 1,100 violent convicted criminals will seek to be released from prison. Defense lawyers no doubt already have the petitions drawn. This outcome would be a travesty for the families of victims, a miscarriage of justice, and a threat to community safety across our commonwealth.
After passing SB 1400, and hearing nothing from the House, the Senate again passed an improved version, amending language to address the court decision into HB 1042. By failing to even take up or attempt to negotiate the two bills the Senate sent over, the House of Representatives ducked responsibility, spurned the opportunity to restore balance and fairness in criminal justice, and imperiled community safety. By choosing to stonewall reform, the House has ill-served the public interest in effective and balanced criminal justice. At this point, public pressure is essential to forcing action as the days for decision diminish.
Pennsylvania Senator Lisa Baker represents the 20th District which serves Luzerne, Pike, Susquehanna, Wayne & Wyoming counties