Clock is ticking on PA legislature's responsibility to address felony murder sentences

The Pennsylvania Supreme Court ruled life in prison for felony murder unconstitutional in March. The court’s decision affected all convictions going forward but left it to the state Legislature to decide by July 24 how it would impact past convictions, leaving more than 1,100 others in limbo, reported the Prison Journalism Project.

A bill authored by Senate Republicans, which passed the chamber on June 25, would impose a minimum sentence of 35 years for second-degree murder except in cases where the defendant meets a strict set of guidelines proving they had no intention, knowledge or participation in the murder itself, in which case they could be sentenced to 10 to 40 years. The bill still allows for life sentences in certain cases.

A competing bill in the Democrat-led House caps sentences at 50 years and expands eligibility for parole after 25 years based on the defendant’s culpability in the crime and consideration of public and victim safety. That bill remains in committee.

If lawmakers cannot reach a consensus, the fate of those convicted of second-degree murder will go back to the court system for resentencing. The uncertainty for the women is exacerbated by limited access to information.

“I feel like there is a lack of information, even conflicting information,” said Tequilla Fields, 53, who has served 21 years in prison for second-degree murder charges stemming from a crime she committed when she was 18. “No one seems to know what’s really going on, not even the people outside. That makes it hard to know what to believe.”

Fields said the mandatory minimum of 35 years imposed by the Senate-led bill is too harsh. 

“Thirty-five years? It doesn’t seem fair, right or logical — it doesn’t make any sense,” Fields said. ”It’s too much time for someone who had no intention to kill anyone, or who didn’t kill someone at all. I do not trust the justice system at all. They don’t care about us. We’re not human beings to them.” 

Tameka Flowers, 51, who has been incarcerated for 31 years for second-degree murder, said a minimum sentence of 35 years serves the same function as a life-without-parole sentence.

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“It is a blessing to have the opportunity to leave prison, but a minimum sentence of 35 is still a death sentence for most,” Flowers said. “They’re trying to sentence people as if they had the intent to kill when they didn’t.” 

Despite her anxiety over her own release, Reyes said she understands the reasoning behind the Senate bill’s 35-year minimum. 

“At the end of the day, we have to understand that a life was taken while we were there, even if we didn’t do it,” Reyes said. ”It’s a life sentence for them.” 

Markman said she was also thinking about her victim and their family.

“It’s hard for me to know that I might get a second chance at life, regardless of how many years from now it may be, but they will not be,” Markman said.

If lawmakers do not pass a bill by the deadline, judges will have wide latitude to impose new sentences. Some women at SCI Muncy are concerned that this scenario will result in further sentencing disparities. 

“My main worry is if a bill isn’t passed and people are kicked back to their counties for resentencing,” Markman said. “Judges will be able to sentence people however they want to, and some counties are harsher than others.” 

Flowers said smaller, rural counties will most likely impose harsh sentences while more liberal cities like Philadelphia will impose more lenient sentences. 

“The judges and attorneys will have to really dig into people’s lives prior to prison, figuring out who we were then and why we made the decisions we made,“ Flowers said. “I feel like a lot of us might get resentenced to the same amount of time.” 

Despite their concerns about how the state Supreme Court ruling will be applied, women serving second-degree sentences at SCI Muncy are hopeful that they will soon have a meaningful opportunity to be released, viewing it as a chance to contribute to society. 

”This means everything to me, and I will not waste the chance I am given,” Markman said. “I am determined to make the most of it by making a positive difference and helping other people. If I can help one person who is going through a similar situation to what I was, it will all be worth it. I have to do something to give back.”

While the state Legislature determines its next steps, the community of women at Muncy are hopeful that politicians will agree that everyone is more than the worst decisions they’ve made. 

”We are not who we were two, three and four decades ago,” Flowers said. ”We were women who were abused, used, put down and beat down. And yet, we have survived and found ourselves. We’ve learned how to aid others. We just want the opportunity to show society that we will be an asset to any community we are a part of. We want to show that change is real.”

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