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Juvenile executions ruling affects three
Wednesday, March 02, 2005

Pennsylvania has three men on death row who committed murders as juveniles, but only two are facing the death penalty.

 
 
 
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Supreme Court bars juvenile executions

 
 
 

The third inmate, Harvey Robinson of Allentown, had his death sentence for a 1992 juvenile homicide thrown out, but Robinson still faces the death penalty for another murder in 1993, when he was an adult. He is also serving a separate life sentence for a third murder, also in 1993.

Robinson and Kevin Hughes and Percy Lee, the two men sentenced to death for murders they committed as juveniles, are in the capital case unit at the maximum security State Correctional Institution Greene in Waynesburg. They are among 222 inmates on death row in Pennsylvania.

Hughes and Lee, Philadelphians who committed murders at age 17, likely will remain in the capital case unit until their attorneys can petition Philadelphia Common Pleas Court to resentence them in line with the U.S. Supreme Court ruling yesterday that juvenile executions are unconstitutional.

The state could decide to move Hughes and Lee before any court action, but officials would have to determine the legal ramifications of such a transfer first, said Sue McNaughton, a spokeswoman for the state Department of Corrections.

While juvenile advocates in the state applauded the high-court ruling, others were not entirely satisfied.

"The fact is, with this new ruling, you could have a 17-year-old commit a Columbine-type massacre and not face the ultimate penalty," said Kevin Harley, a spokesman for Attorney General Tom Corbett.

But juvenile advocates said the decision was overdue.

"We are very pleased the court has not only confirmed what we believe and science has proven - that executing juveniles is wrong - but also that the court has now ended the isolation of the U.S. from most of the rest of the world in imposing and carrying out such executions," said Marsha Levick, legal director of the Juvenile Law Center, a legal advocacy organization for children's rights in Philadelphia.

Hughes, 42, abducted 9-year-old Rochelle Graham from a school playground in March 1979, then sexually assaulted and strangled her.

In December, the Pennsylvania Supreme Court sent his case back to Philadelphia court on grounds that his lawyer may not have sufficiently examined factors in his background -- mental illness and a traumatic childhood, for example -- that could have helped him avoid the death penalty.

Lee, 36, was 17 when he and an 18-year-old man broke into an apartment in a Philadelphia high-rise and killed a mother and daughter Feb. 27, 1986. Evelyn Heath Brown, 33, and Tina Brown, 17, were stabbed repeatedly and slashed with a knife and scissors.

Lee and his girlfriend had lived with the Browns for about a year before Evelyn Brown kicked him out in early 1986.

First published on March 2, 2005 at 12:00 am
Mike Bucsko can be reached at mbucsko@post-gazette.com or (412)263-1732.
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