House Judiciary Committee Holds Vital Hearing on Felony Murder Reform

In the opening testimony of the hearing Ashley Nellis, Director of Research of The Sentencing Project, pointed out that “Pennsylvania is an outlier. It is one of only two states that requires life without parole for both first and second degree murder.” She also pointed out that retroactive application of any reform is key.

HB 2296 would create retroactive parole eligibility after 25 years for old cases. For new cases going forward it would create a maximum 50 year sentence with parole eligibility after 25 years. See the grid below (provided by our colleagues at Straight Ahead) to understand how HB 2296 would change the law. 

During the hearing our very own Lorraine Haw, also known as Mrs Dee Dee, testified as someone who had lost a brother to gun violence and also has a son sentenced to death by incarceration under the felony murder rule. Mrs Dee Dee was the subject of No Way Home, a documentary film produced by Amistad Law Project. She expounded on what it means to have a son incarcerated for his entire adult life and how she holds the complexity of also having list a brother to gun violence. 

We also heard from two victims family members during the hearing that opposed a reform to Pennsylvania’s sentencing for felony murder. While we deeply sympathize with their pain and loss and are glad their voices were heard, we believe that death by incarceration creates another set of victims. A sentence that allows people to turn around their lives is needed. Additionally, the Pennsylvania District Attorney’s Association voiced concerns around retroactivity and advocated that any reform that happens contain the option of a life sentence. 

The hearing was closed out powerfully by our colleagues Celeste Trusty from FAMM and Roxanne Horrell of Straight Ahead who made legible the human cost of sentencing people to die in prison for felony murder convictions. Celeste Trusty brought posters of Ezra Bozeman, a quadriplegic man who we represented in compassionate release proceedings along with Abolitionist Law Center, so his presence could be represented in the capitol. Ezra passed only 12 days after he had won his freedom through compassionate release and after 49 years of incarceration. 

While this bill has been introduced we also have an active PA Supreme Court case challenging the constitutionality of life without parole for felony murder that will be heard likely later this year. Governor Josh Shapiro also entered an amicus brief in that case agreeing with the argument that a mandatory life without parole sentence for felony murder. There is a growing momentum to end this disproportionate and unjust sentence in Pennsylvania and to reunite families such of Mrs Dee Dee’s who have been torn apart by decades of incarceration.