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Pennsylvania court upends mandatory use of life-without-parole for second-degree murder

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Pennsylvania court upends mandatory use of life-without-parole for second-degree murder


What to Know

  • Pennsylvania’s Supreme Court says the state cannot automatically give life without parole for felony murder without weighing each defendant’s culpability in the killing.
  • The high court on Thursday ordered a new sentencing hearing for Derek Lee over a second-degree conviction, but paused it for four months to give state lawmakers time to consider legislation in response.
  • Pennsylvania law has made people liable for second-degree murder if they participated in an eligible felony that led to death. Life with no possibility of parole has been the only possible sentence.
  • The court says the current rule treats a lookout the same as the person who kills.

Pennsylvania’s high court on Thursday overturned the use of automatic life sentences without parole for people convicted of second-degree murder, saying it violates the state’s constitutional ban on cruel punishment when imposed without a closer look at the defendant’s specific role and culpability.

The court majority ordered resentencing in the case of Derek Lee, convicted of a 2014 killing in Pittsburgh, but the decision also has implications for others among the roughly 1,000 other inmates currently serving similar second-degree murder sentences.

The court’s order was put on hold for four months to give the General Assembly time to “consider appropriate remedial measures.” In a footnote, the justices said they were ruling on Lee’s sentence and not addressing “questions of retroactivity.”

Prison reform groups hailed it as a landmark decision, while the Allegheny County district attorney’s office said it will follow the court’s order.

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Pennsylvania law has made people liable for second-degree murder if they participated in an eligible felony that led to death, and life without parole has been the only possible sentence.

“The mandatory penalty scheme of life without parole for all offenders convicted of second degree murder fails to assess individual culpability regarding the intent to kill, and mandates the same punishment regardless of that culpability,” wrote Chief Justice Debra Todd in the lead opinion. She characterized it as not distinguishing “between the lookout, and the killer who pulls the trigger.”

The state high court’s decision comes after years of advocacy to undo mandatory life without parole sentences both in Pennsylvania and nationally. Nazgol Ghandnoosh of the Washington-based Sentencing Project said she counts 11 states and the federal system as having such laws for that kind of crime, sometimes called felony murder. Several states — California, Colorado and Minnesota — have moved away from that sentencing framework in recent years, she said.

Justice Kevin Dougherty noted in a separate opinion that unlike those convicted of first-degree murder, defendants serving life without parole for second-degree murder have “never been found by a judge or jury to have harbored the specific intent to kill” and may not have had “any involvement whatsoever with the actual killing. He or she does not even have to expect or foresee that a life may be taken.”

Lee’s lawyers had wanted the court to rule that life without parole sentences are unconstitutional for all second-degree murder convictions in Pennsylvania, said Quinn Cozzens, a staff attorney for the Abolitionist Law Center, which helped represent Lee. Instead, the court ruled that trial judges must examine the individual circumstances of a defendant’s case to decide which sentence is most appropriate, including the potential of life without parole.

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The state’s public defenders’ association said the ruling will generate new post-conviction litigation and require them to do more investigation as well as develop “strategic litigation” to get the decision to apply retroactively.

A jury convicted Lee of second-degree murder but acquitted him of first-degree murder in 44-year-old Leonard Butler’s shooting death. Butler was shot in a struggle over a gun with Lee’s codefendant, Paul Durham.

Prosecutors argued it should be up to state lawmakers and the executive branch to address the policy issues surrounding second-degree murder sentences. Todd wrote that while the district attorney’s office “acknowledges that there may be persuasive arguments why a non-slayer should not be held to the same degree of culpability as the slayer, it stresses that these are policy decisions for the General Assembly.”

Cozzens urged lawmakers to “address this constitutional violation, given that the court granted them the opportunity to do so.”

Rep. Tim Briggs, a suburban Philadelphia Democrat who chairs the state House Judiciary Committee, said he planned to engage with Senate Republicans on potential legislation in response.

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Briggs said he wanted to have decision apply retroactively, to give people serving life “for being the getaway driver” to “have the opportunity to have their facts looked at again.”

“I think inaction leaves a lot of this up to the courts to decide. I don’t feel comfortable doing that,” Briggs said. “We have a policymaking role here.”

Justice Sallie Mundy wrote that Lee “willingly participated in an armed home invasion and robbery, and purposefully engaged in assaultive behavior in the form of tasing and pistol-whipping the victim.” She said Lee and Durham “arguably kidnapped the victims by forcing them into the basement” and it will be up to the county judge to decide if Lee’s life-without-parole sentence is appropriate.

Todd’s opinion, citing an advocacy group, said 73% of those convicted of felony murder in Pennsylvania were 25 or younger when the killing occurred and almost 70% are Black people.

Pennsylvania Governor Josh Shapiro also responded to the ruling on X.

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Pennsylvania State Police investigating incident in Salisbury Township

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Pennsylvania State Police investigating incident in Salisbury Township


Pennsylvania State Police is investigating an incident in Salisbury Township on Saturday.

Lancaster County dispatch confirmed that troopers were called to the 4900 block of Strasburg Road for an incident that was reported around 11 a.m.

Fire and EMS was called to the area but have since been cleared, dispatch said.

This is a developing story. CBS 21 is working to learn more.

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What’s old is new again in Pennsylvania as the Penguins and Flyers renew a long-simmering rivalry

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What’s old is new again in Pennsylvania as the Penguins and Flyers renew a long-simmering rivalry


PITTSBURGH, Pa. — Sidney Crosby would not take the bait, even though the smile on his face and the gleam in his eye hinted that maybe the Pittsburgh Penguins captain kind of wanted to.

Told that Philadelphia Flyers coach Rick Tocchet – an assistant with the Penguins when Pittsburgh won back-to-back Stanley Cups in 2016 and 2017 – knew his current team was going to have to “get after” Crosby and longtime running mates Evgeni Malkin and Kris Letang when the cross-state rivals open their first-round series on Saturday night, Crosby just grinned.

“I mean, to be expected, what else can you expect me to say?” the 38-year-old future Hall of Famer said with a small laugh. “We’re all out there competing. We all are after the same thing. That’s how it works.”

Technically, that’s how it always seems to work whenever the Flyers and Penguins get together, regardless of circumstance. Things only figure to be ramped up considerably during the eighth – and perhaps most unlikely – playoff meeting between two teams separated by 300 miles geographically and considerably more in terms of postseason success.

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The three Cups that Crosby has won during his 21-year career are one more than the Flyers have in the franchise’s nearly six-decade history, and yes some are still keeping track of Philadelphia’s long nuclear winter since its last championships.

The chances of either club being the last one standing when NHL Commissioner Gary Bettman hands the Cup to the victors in early June are slim. Oddsmakers put the resurgent Penguins in the middle of the pack to win it all, while the Flyers – who needed a 14-4-1 sprint to the finish to return to the postseason for the first time since 2020 – are among the longest shots in the 16-team field.

Not that any of that will matter when the puck is dropped and the venom that has long defined the contentious relationship between the clubs bubbles back up to the surface.

That venom on Philadelphia’s side has long been targeted at Crosby, who has beaten the Flyers three times in four playoff meetings, with the one loss coming during a frantic six-game series in 2012. Almost all the faces from those teams are gone.

Except, of course, for perhaps the most important one. Crosby, the only player in NHL history to average a point a game in 21 straight years, remains a threat and highly motivated by the return to the playoffs following a three-year absence.

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“We have a ton of respect for Sid,” Tocchet said. “He’s an unbelievable person and player. But we’ve got to get him in the ditches right? We’ve got to make it hard on him.”

A long-awaited debut

Rasmus Ristolainen’s agonizing wait to feel the vibe of playoff hockey is over.

The Flyers defenseman will make the first postseason appearance of his 13-year, 820-game career when he hops over the boards at PPG Paints Arena on Saturday night.

Ristolainen’s wait before his playoff debut is the third-longest in NHL history. The 31-year-old even played in the Olympics before a postseason game. He won a bronze medal in February while playing for Team Finland at the 2026 Milan Cortina Games.

“Just really excited to play meaningful games this time of year,” said Ristolainen, who played in just 44 games this season while battling elbow injuries. “It’s been a really, really fun last month or so.”

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Skinner or Silovs?

First-year Pittsburgh coach Dan Muse has flip-flopped between goaltenders Stuart Skinner and Arturs Silovs since the Penguins acquired Skinner in a trade with Edmonton in December.

Whether that will continue in the postseason is anybody’s guess. Skinner has a decided advantage over Silovs in playoff experience, having backstopped Edmonton to consecutive Cup appearances in 2024 and 2025.

Yet Muse has kept his thoughts close to the vest, and statistically speaking, Silovs and Skinner posted nearly identical numbers, none of them particularly great. Silovs finished the year with a .887 save percentage and a 3.07 goals against average while Skinner had a slightly worse save percentage (.885) and a slightly better goals against (2.99).

“We’re looking at all factors,” Muse said. “As I’ve said multiple times, I think both guys have been great for us. Both guys are a big part of why we’re here today preparing for Game 1.”

What’s old is new again

Philadelphia forward Sean Couturier has played for the Flyers for so long that he was actually teammates with his boss, general manager Danny Briere.

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Couturier was once a key cog during a previous rebuilding phase in Philadelphia, back when he was the eighth overall pick in the 2011 draft. Couturier made his debut that season and has largely remained a steady presence in the lineup – save for back injuries that cost him the 2022-2023 season – and is the only Flyer still around from the franchise’s last home playoff series victory against, yes, the Penguins in 2012.

Couturier, Travis Sanheim and Travis Konecny are the only three Flyers on the roster to have played in a home playoff game, back in 2018.

“We were for a lot of years kind of in the middle, competing hard,” said Courtier, who had 12 goals and 24 assists this season. “We had some good teams. Just always missing a little something to get to the next step. I think it was maybe time to take a step back and rebuild. I’m just glad with how everything’s gone, honestly.”

___

AP Sports Writer Dan Gelston in Philadelphia contributed to this report.

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Western Pennsylvania man takes Terrible Towel to Mount Everest as tribute to late friend

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Western Pennsylvania man takes Terrible Towel to Mount Everest as tribute to late friend



The Pittsburgh Steelers’ Terrible Towel is a symbol of celebration known around the world, but it was recently taken to new heights.

Allen Dean, a Steelers fan from Sewickley, recently took a Terrible Towel with him as he climbed Mt. Everest.

“I had to show myself that I can do whatever I set my mind to,” says Dean, who spoke with KDKA-TV’s Barry Pintar after his climb from Pokhara, Nepal, near Mt. Everest. “By doing that, I was an example to my kids that, through all the hardships our family has gone through, if you put your mind to something, you can do it, and if it is something as big as Everest, whatever it is, that if you put your mind to it, you can do it.”

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Allen says a man called “Big Mike” was a long-time father figure who died a few months ago. His window gave Allen Big Mike’s Terrible Towel. It was then, by way of tribute, that an idea was born.

“She asked me, ‘Allen, would you be able to take the terrible towel to Everest if you make it?’ I said, ‘Absolutely, for Big Mike, anything,’” Dean recalled. “Big Mike was like my last father figure that I had around, so it meant a lot to me to just bring peace. It just meant a lot to me to finalize the loss of such a male role model in my life.”

Allen says he trained vigorously for this climb, often spending weekends taking his kids to hike just about every regional state park imaginable.



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