7.21.26 Rep. Martina White Second Degree Murder Legislation - 10AM

[00:07:41]Yo, however you guys want to filter in media, you guys all set?

[00:07:52]>> All right, >> folks. Uh, good good morning and thank you for being here. Uh, my name is Frank Ferry. from the state senator from the sixth senatorial district and Penny Cook as well as state represent Marcel stats to some scheduling conflicts. Um I appreciate you being here for this this very important press conference. You're going to hear from a few of us and then you're also going to hear from probably some of the most important people here uh some friends and family members of of the secondderee murder victims. Um if going on the Supreme Court ruled uh three plus months ago in the Lee case that secondderee murder uh is unconstitutional. That rule uh of a crime that was who was murdered in that case the penalty of life without parole was too substantial. Right? He needed to be evaluated individually. So that mandatory part they thought was too substantial. As a result of that, the Supreme Court gave the legislature 120 days to enact a new secondderee criminal statute. The Pennsylvania State Senate with a bipartisan vote, by the way, I want to be clear, it was a 30 to20 vote, but both sides of the aisle, members of both sides of the aisle, late June passed Senate Bill 1400. Senate Bill 1400 set a mandatory minimum place kidnapping, robbery, arson. So if that felony sets a 35year mandatory minimum in certain instances such as the killing of a child under 13 or killing of a police officer, there's a mandatory life sentence without parole.

[00:09:27]For criminals that are involved in that case, in that crime that are less culpable, the judge can depart to a year sentence up to a 40-year sentence. A very balanced bill. It has the support of our state attorney general. It has the support has that bill that is so so important is the victim's families. They have already been traumatized. Their life has permanently been altered because of the hundred convicted secondderee murderers that are sitting in pay actually have a court file as that is reviewed by our parole decision that is by this Friday we will be different processes one for 1100 but it is so important that our victims continue to have a voice in this many of these families a guilty ple they got their day in court to speak about how and hopefully they will still as this hodgepodge 67 their cases are reviewed and I also out there house fails to act on Friday they are ready to go they have spoken very publicly about we cases are addressed and addressed properly and addressed diligently so bill 1400 acting on what that means is that bill of Senate Bill 1400 um after my colleagues speak uh we're going to open the floor for 800 plus convicted murders they were getaway drivers they weren't that culpable, right? And you know what? That's fair.

[00:10:51]Let's look at every case for what it really is. Were they the criminal mastermind? Did they supply the firearm?

[00:10:56]Did they actually pull the trigger, right? Once I will tell you when they were convicted or plead plead guilty, it was looked at individually. They've already beat the Supreme Court, but ensure that our victims have their voice in court again. Again, many to the court of comances are re-examined and hopefully they are actually kind, but this is to know this is going out there.

[00:11:16]The victims deserve to have their victim's family members. And I'm going to turn it over now to just down the road. Representative White, >> we are calling on the House Democratic leader action before reaches a critical deadline that impacts public safety, victims, and communities. Heard ruled that Pennsylvania's mandatory life sentence for secondderee murder is unconstitutional.

[00:11:36]The court 120 days to respond and that deadline is July 24th.

[00:11:42]The Senate acted. House Republicans acted. Representative Rob Kaufman introduced legislation to address the court's decision. Even a House Democrat recognized the need for action and introduced legislation to address this issue. The solutions are already on the table. The only thing missing is the action from House Democratic leadership.

[00:12:04]If the House allows the solution, Pennsylvania will be left without a clear sentencing framework for future felony murder convictions.

[00:12:11]At the same time, hundreds of individuals currently serving life sentences could seek re-sentencing, creating uncertainty for courts, prosecutors, victims, and families who have already suffered unimaginable loss.

[00:12:24]Let's be clear about what felony murder means. These are individuals who chose to participate in violent crimes. Crimes like robbery, rape, or arson that resulted in someone's death. They may not hood the killing but they knowingly participated in a d human life. those choices accountability and this is as you've heard there are roughly 1100 currently serving life sentences for seconddegree murder who could seek that means this decision directly impacts the safety of our neighborhoods and the law-abiding citizens who from progressive politicians and prosecute an agenda focused on reducing sentences expanding opportunities for individ individuals convicted of most serious Clinton did not simply serve pardons in office and red convicted of violent crimes Philadelphia District Attorney's Office misled courts and violated its duty of cander while seeking to overturn a murder conviction. These are serious findings involving the chief law enforcement office in Philadelphia when hundreds of life sentences could now be >> evidence from Harrisburg. In action is a choice. I'm calling on my colleagues to act, act, and act. The time is now and we need to get this done. Thank you. And now I want to introduce my colleague and friend, Representative Joe Hogan.

[00:13:44]>> Thank you, Senator. As teen of these individuals in Bucks County right now, and I'm going to invite the the family of one of the victims to a statement.

[00:13:56]>> So, unfortunately, one of the more infamous cases in Bucks County happened, the statement is to life in prison without parole. Testimony at that trial revealed that Germaine Jackson, 20 years old, of Trenton, New Jersey, was the mastermind behind the robbery gone wrong that led to the shooting death of Danny Djinaro in December 2011. The jury was also informed by witnesses that Jackson planned e drive home in Bristol Township.

[00:14:24]The evidence at the trial clearly showed that Germaine Jackson planned this robbery and carried out its plans with his friends. He also was involved in other violent crimes. I feel that he does not deserve to be re released or reentenced for a crime he decided to carry out. He deserves the sentencing of life with no parole. His intent was to carry out a murder. There is not a day that goes by that I don't think of my brother, that I want to pick up the phone to call him. But then reality hits me that I cannot and will never be able to, which my family has endured since Danny's murder. And father is beyond words. There will be no more holiday celebrations or family gatherings. The laughter, hugs, advice, and those opportunities to say I love you are gone forever. Our family is forever broken.

[00:15:12]Danny was a on the phone the night before, never realizing that would be the last time I would ever talk to him.

[00:15:18]Music was Danny's passion. He was a singer. Danny had many friends and fans who miss him as much as my family does.

[00:15:25]I miss my brother very much and it hurts my entire family.

[00:15:30]My three sons have been hurt very deeply since his passing. They love their uncle very much and he loved them. My brother Gary cries every day as Danny was not only a brother but his best friend. He had a special bond with his only daughter Gia. And in a blink of an eye, he is gone from her life forever. A life of emptiness for us all. A life that meant so much to so many. We had to endure the expense for a funeral that we should never had to attend and the heartache we go through each and every day for the terrible loss of my brother Danny his grave and wonder why I'm there talking to him instead of talking to him face to face. I will never be able to forgive them for the empty void in my life that my family had to endure forever. Danny was a good person who forever was sentenced to death for the rest of his life. He does not have the option us as Danny's daughter Gia. So I want to thank you both. You're welcome to say anything if you'd like.

[00:16:25]So represent Hogan mentioned G is here with usro who was brutally murdered in 2011 with the criminal justice system seeking accountability them and that sentences rendered by the court were final. We soon learned that there would be many more steps. We have attended several appeal appeal hearings. One of the offenders had to be resentenced as a result of the Miller vers Alabama case.

[00:16:49]Now all the trauma and horrors associated with my father's death are back because of the Commonwealth versus Lee case. It is not fair that victim's families who have already lost so much now face new uncertainty and are subject to a chaotic process. We believe the legislature must understand the victim's perspective. I urge you to be compassionate and thoughtful in crafting new laws to ensure that victim's families are not dragged through the criminal justice process again for offenders who are already sentenced under the previous laws prior to the lead decision.

[00:17:27]>> Now I'm going to introduce Senator Tracy Penn.

[00:17:36]There's,00 victims that are no longer with us today in Pennsylvania because of these murderers. There's countless families that have suffered and now we're going to ask them to suffer again and relive the trauma. I am calling on all of my colleagues in the House. Get back to work. get Senate Bill 1400 across the finish line and take care of our victims and their families. This is absurd.

[00:18:11]Pennians have been murdered. Their families have lost their loved ones and your inaction is going to cause them insufferable pain. Do your job. Get back to work.

[00:18:27]>> Thank you. And and to wrap this up, I I want to thank Gia and Linda for being here. I'm sure this is not easy for you.

[00:18:32]Um we appreciate your bravery in being here and the importance, you know, in the message we're delivering today. So, thank you and thank you to to your your friends that are here with you as well.

[00:18:44]Um as you heard in Linda's victim's impact statement read by Representative Hogan, um Danny was already sentenced to life, right? Because of the choices that were made that night. people that were convicted of the crime that were sentenced to life now are going to have another bite at the apple to be free.

[00:19:00]Um, their lives have forever been changed. The families of those 1100 plus Pennians lives have forever been changed. So the victim components of this is so so important. The certainty of the criminal justice system moving forward for future seconddegree murders is so important. But it cannot be lost on us as wicked murderers. Some of them are going to end up in other victim's families. We have the opportunity to get this right is very thought in the action of the chamber across the building. I'm not demanding you going back to work.

[00:19:34]I'm pleading with you in the interest of all of the people we talked about.

[00:19:38]Please just go and do your job. You had 120 days literally weunities and protections. They need ensure that if somebody they're rehabilitated and they're going to be safe out in the communities, that's great. But there's also going to be some that should still still stay behind bars and we need to ensure that that happens, right? That do not have direction, statutory direction from the legislature on how to handle this to be making the decisions for these 1100 plus people. So with that, we're happy to take any questions.

[00:20:13]>> Sure. So what's what's going to happen is we'll we'll take let's say one of the second degree murders is named BP is there's going to have that sentence reconsidered under the Supreme Court holding that uh life without parole is unconstitutional and it's going to have to go through a judicial proceeding. Um hopefully the victims will be notified so they have their opportunity there. Um but it's going to go through judicial proceeding for a reentencing and if the judge finds that the person should be released, they're going to be released.

[00:20:48]Legislation we passed it is a 35 year.

[00:20:50]The offender is 70 and they serve 20 years, they can get reconsideration.

[00:20:55]We're talking about the 1100 plus people. As long as they served a 35year minimum, they can actually file under the parole board for parole under our legislation. They serve 20 years and they're age 70, they can file for consideration then as well. uh and also due to their culpability they can file.

[00:21:10]So um but again let's remember you know we hear cited the getaway driver in a lot of these cases if the getaway driver was not truly culpable in this crime um if they didn't know it was going to happen if they cooperated with law enforcement they're not charged with seconddegree murder. These are people a prosecutor chose to charge with seconddegree murder. So that prosecutor used their discretion and based on the investigation of law enforcement to determine their level of culpability and they charged him with seconddegree murder. And there's obviously reasons for that.

[00:21:42]>> Tom it's >> so in a lot of cases it's like convicted murder. So being a public defender um it's going to be hodgepodge right. So, but there are certainly groups they be getting ready to go and you know I want to touch on something uh we did and and her comment was this her comment was not be I'm paraphrasing so she believes there's an we should ensure I mean I I I've not heard from anybody across the aisle on this Martine >> no I I serve as the House Republican Caucus chairwoman and locally I have not heard from Democrats being concerned concerned about their leader and to their speaker to bring the chamber back into session across the >> Nope. they have they have the decision that they can make to either go back to session before the deadline and take action or to choose not to take action and not go back to session until we're scheduled which is not until like September.

[00:23:03]>> So they they've had the same 116 days the Pennsylvania State Senate has and we have passed two different bills. We amended a House bill and we passed our own bill. Both bills have fully gone through the legislative process. As I mentioned earlier, there are Democrats mainly from like the Lehigh Valley uh and northeastern Pennsylvania that but they have absolutely the same 116 days we have their own bills. They could have they could have had committee hearings on it. Um they could have come not to >> uh if it passes after the deadline.

[00:23:40]what's it'll be ripe for ch um can something be passed forward looking on a seconddegree murder that that is committed later in the year can we can legislate what that is but the opportunity will specific cases those address in the court system so and like the window to do it that window expires Friday >> it's my understanding that there was one house member um but they haven't ran it and I'm not sure that you know given the deadline that's about to approach tensions of doing so bill because it would be on >> touch on that the window is it running through committee it's various actions on the floor them passing it sending it over the house or senate and going through that same process that window is passed that is why we acted when when it didn't seem like they were going to take up the bill we passed in June um we actually took a house bill and amended it so it is sitting back in their chamber they can have a one-day vote on it and and then that's on.

[00:24:42]Anyone else?

[00:24:44]Any any of you guys want any further comments or you guys? Okay. All right.

[00:24:49]Well, thank you for being here. Peg >> wants to reach out and talk about I'll be happy to talk to him at it. Any further questions? Thank you. And you remain in our prayers, folks. Thank you, folks.