Philadelphia stands out for its approach for revisiting felony murder in Pa.

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’s 1,100-plus cases. 

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 in Pennsylvania prisons.

“I 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,” Krasner told the Capital-Star. “It worked. And I think the parole board also worked.”

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.

“We want justice done. And that justice has to be done in a way that resources are devoted to everyone that’s going to be involved in these resentencing hearings,” said Holbrook.

The state’s highest court gave the General Assembly 120 days to draft a solution, but the Democratic-controlled House and the Republican-controlled Senate didn’t come to a consensus 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’s death. 

In more than 80% of cases, 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.

Using juvenile resentencing as a template

Hundreds of other “juvenile lifers” also returned to Philadelphia over the years after decades in prison. A 2025 report found that just 4% went on to commit another crime. 

“That is very important, and should be very important to any legislator who’s thinking about a legislative solution. It should be very important to any judge who may be doing an individualized resentencing,” added Krasner, noting that Philadelphia’s homicide and violent crime rate is at a record low. 

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’ll 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.

“One of the good things about these resentencings is we’re not guessing,” said Holbrook. “We know what they’ve been doing in jail for quite some time, and I think that brings clarity to their capacity for reform.”

But other district attorneys don’t remember juvenile resentencing being so smooth. 

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

He said one judge tried to levy a seven-and-a-half to 15-year murder sentence for a juvenile.

“A similar situation will occur now because there’s no framework to accomplish anything,” he warned. “(Judges) could do anything they want. It’s a frightening concept … they could over sentence, they could get probation for murder. There’s no floor. There’s no ceiling.”

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. 

“The lesson we’ve learned from resentencing all of those people is the idea that all you’re doing is hurting the victims, and that’s what we’re trying to avoid,” he continued. “The parole board is better geared to be ‘flooded’ 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 … the parole board, they’re already geared to do this.”

One proposal would cap that at 35 years — the preferred bill for most Republicans — while the Democratic-led effort picked 30 years. 

Krasner and Holbrook rebuffed both, pointing to Pennsylvania’s neighboring states. Four — including blue states like New York and red states like West Virginia — have minimum sentences of 15 years.

“Pennsylvania is an outlier already now when it comes to the number of people serving life without parole sentences,” said Holbrook. “The parole board is in a position to make determinations of who should be paroled and who should not be paroled.”

Preserving life without parole as an option

A big concern for district attorneys has been protecting the option to seek life sentences, even for those who weren’t the principal cause of violence. 

If there’s no option for life with parole, Adams County District Attorney Brian Sinnett said he doesn’t know if he’ll ever offer second-degree murder again. 

A specter of justice in Pennsylvania

“There 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,” Sinnett told the Capital-Star. “None of these were jury verdicts of second-degree murder … when there was no practical difference, it made more sense if you could get a case resolved.”

Like many counties — with the notable exception of Philadelphia — all of the seven Adams County cases were accepted as part of a plea bargain. 

“This was a plea agreement where the person agreed to life without parole, and that’s why I think it’s different than a trial,” he continued. 

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 “intentional” aspect that could make it a first-degree murder case. 

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

“I’ve 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,” he said, noting that trials can be particularly traumatic for victim families. “The ordeal of having to testify, of having to have your loved one’s life ripped apart … is all very troubling for people.”

Some Republicans have claimed that most second-degree murderers aren’t so-called getaway drivers or lookouts.

Krasner called that a “lie,” saying he just prosecuted a case where several men were stealing cars. One, who played the role of a getaway driver, didn’t even know his accomplices had firearms.

“Any prosecutor who is telling you there are no getaway drivers should be ashamed of him- or herself,” he added. “But it is true that there’s a very, very wide range of culpability.”

Historically, Philadelphia has approached cases differently than the rest of the state.

A 2021 state-commissioned report 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 — rather than going to a trial — when compared to the rest of the state.

“There’s not a defendant in the world who is pleading guilty to second-degree murder or first-degree murder unless they’re facing the death penalty,” asserted Krasner. “Even though there have been no executions (for decades), there are jurisdictions … where they threaten the death penalty in order to coerce a plea to life without parole.”

Pennsylvania hasn’t executed anyone since 1999.

Beyond county borders

Decisions in one county wouldn’t 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.

The 500-plus cases originating in Philadelphia County are “not something that’s going to stay there, right? That’s very concerning,” he continued. “The train comes right from Philadelphia into Cambria County and disperses all over western Pennsylvania … it is something truly for people throughout the state to be worried about.”

He wasn’t alone in his claim.

“You want to talk about people being treated disparately? You want to talk about danger on the streets? Worry about Philadelphia,” said Ziccarelli. 

She’s 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.

“The biggest reason they’re talking like this is because many of these counties are financially dependent on prisons, and on those prisons being full of Philadelphians,” said Krasner. “They’d rather have Philadelphians, many of them Black and brown, locked up because those aren’t their voters.”

Holbrook was more blunt in his response. 

“That’s 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’s rooted in racism,” he said. “They’re always using ‘Philadelphia’ as a talking point to advance racist narratives in Pennsylvania.”

He said conservative politicos made the same arguments about juvenile lifers’ resentencing after the U.S. Supreme Court decisions. 

On a call with Krasner, a victims rights advocate and himself, Holbrook said it embodied Philadelphia’s approach to resentencing. 

“We’re 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’ needs, but the communities’ needs,” he continued. “We wish that Harrisburg would take that same approach.”