Pennsylvania Capital-Star, 10/08/24: “Sentencing people to die behind bars for murders they did not commit or intend is unconstitutionally cruel, the lawyer for a former Allegheny County man sentenced to life in prison without parole argued Tuesday.

Abolitionist Law Center legal director Bret Grote argued that the Pennsylvania Supreme Court should strike down the mandatory sentencing scheme for second degree murder — when a person is convicted for their role in a felony that results in a death they did not intend.

The Supreme Court agreed in February to consider the appeal of former Allegheny County resident Derek Lee, who was sentenced to life in prison without parole for a 2014 murder committed by his accomplice in a robbery.

Grote said Lee’s punishment is disproportionately harsh given the lack of intent to kill inherent in the crime and argued that it does little to deter others. He urged the court to find that the punishment violates both the Pennsylvania and U.S. Constitutions.

‘If Mr. Lee lives to be 76 years old … he will have been incarcerated for 50 years. Even then, he will not be able to go in front of the parole board, even if the Department of Corrections considers him long since completely rehabilitated,’ Grote told the justices.

‘He must die in prison for the unintended consequences of criminal conduct and a killing committed by another person. This must no longer be permitted under the Pennsylvania Constitution,’ Grote said.”

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