By Joe Picozzi
In 2007, Bryan Kocis, was brutally murdered by two men who broke into his home, slit his throat and nearly decapitated him with a knife, stabbed him 28 times in the torso, and then set a fire to cover up the horrific murder. Prior to trial, and in exchange for his testimony against his co-conspirator, the family gave the prosecutor their blessing to allow one of the defendants, Joseph Kerekes, to plead guilty to second degree murder and be sentenced to life without the possibility of parole.
This Spring, the Pennsylvania Supreme Court in Commonwealth v. Lee ruled that the sentencing scheme for second degree murder in our Commonwealth is unconstitutional. The Court imposed a 120-day stay of its order, set to take effect on July 24, 2026, to provide the General Assembly with an opportunity to pass legislation to address this issue.
For families like the Kocis’, the Supreme Court’s ruling understandably raises a great deal of concern. The idea that one of the two men who violently murdered their family member could be released despite all parties agreeing decades ago that he be incarcerated for the rest of his life is unbearable.
If we fail to meet the July 24th deadline imposed by the court, 11,066 violent convicted criminals will seek to be released from prison, and families will once again be forced to be revictimized by a criminal justice system that failed to prioritize their interests.
To address this issue, the Pennsylvania Senate recently passed Senate Bill 1400, to which I was a co-sponsor, to establish a new system of sentencing for second degree murder convictions, providing discretion for courts to sentence based on the degree of the defendant’s culpability and the circumstances of the case. Generally, it authorizes a sentencing range of 35 years to up to life (with the possibility of parole). The legislation, which the Pennsylvania District Attorneys Association supported, ensures an opportunity for deserving prisoners to be released, while preserving the interests of both community safety and the family members of murder victims.
Inmates serving life sentences for second degree murder can include less culpable accomplices such as a look-out or getaway driver. However, it also includes individuals who actively participated in the murder.
There are two additional fail safes to address this, accommodating for outlier cases. First, the bill establishes a release valve for defendants with minimal culpability, authorizing a court sentence below the 35-year minimum, but no less than 10 years, when specific criteria are met. Second, the bill establishes a Life Without Parole (LWOP) option, should the prosecutor choose to pursue that sentence and the jury specifically determine that the defendant caused the death of the victim and an additional aggravating factor.
In an effort to ensure a uniform and consistent process, the legislation will allow offenders currently serving sentences for second degree murder to become eligible for parole (1) after serving at least 35 years’ incarceration or (2) attaining the age of 70 and having served at least 20 years.
Upon becoming eligible for parole, the parole board would decide whether to grant or deny parole. The bill establishes certain criteria for the parole board to consider in deciding whether to grant parole. To ensure that victims are not repeatedly dragged through the parole process, the bill imposes a limit on the frequency with which an offender may re-petition the board after being denied parole.
I cast my vote in Bryan Kocis’ memory, as well as the victims and their families throughout our City and Commonwealth. I urge the Pennsylvania House of Representatives to take up this measure before it’s too late. We cannot risk that these dangerous individuals will be released into our communities.
Pennsylvania Senator Joe Picozzi represents the 5th District in the Great Northeast, Philadelphia.