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Mom's persistence leads to change in sentencing guidelines

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The determination of a devoted mother led to tougher sentences for those convicted of murdering children.

On Thursday, the Pennsylvania Commission on Sentencing unanimously added a two-year sentence enhancement to sentencing guidelines for third-degree murder of children.

The average sentence ranges from seven years to the statutory maximum of 20 years, said First Assistant District Attorney Gene Talerico. The enhancement grants judges the option of adding two more years.

"In terms of the enhancement itself, it's a first step toward equalizing the disparity that exits in Pennsylvania in sentencing as it relates to those who murder children in Pennsylvania," Mr. Talerico said.

He attributes the push for stronger guidelines to Christine McLaughlin's drive.

Mrs. McLaughlin lost her 14-month-old son, Zachary Scott, in 2005, after baby sitter Justin Kinne punched the child in the stomach, sending him careening into a wood-framed glass coffee table.

Mr. Kinne did not tell anyone what he did and applied ice to a flowering bruise on Zachary's head.

Over the next few days, the toddler went from being active to sluggish to unresponsive, police said. He died of blunt force trauma to his head and abdomen within 30 minutes of being admitted at then Community Medical Center in Scranton.

Mr. Kinne pleaded guilty to third-degree murder, and was sentenced in 2006 to 15 to 40 years in prison.

Though her son's killer received a stiff sentence, Mrs. McLaughlin was troubled to learn their was no mandatory minimum for third-degree murder of a child. Her mission to change that began roughly three years ago when she reached out to former state Rep. Kevin Murphy to help champion a bill to create a mandatory minimum of 13 years. With Mr. Murphy's help and with the support of the community, the bill unanimously passed the House Judiciary Committee in October 2011 sending it to the floor for a general vote in January 2012. The bill passed the House 192-to-1. Rep. Greg Vitali, D-166, Havertown was the lone dissenter, but his nay "electrified" the room, Mrs. McLaughlin said.

The real roadblock came in the Senate Judiciary Committee, the next step to send the proposed legislation to the Senate floor for a vote. Committee Chairman Sen. Stewart Greenleaf R-12, Willow Grove, was adamant about eliminating the wording "mandatory minimum" before sending it for a general vote. She was given a choice - reword it to "enhancement" from "mandatory minimum" or it does not reach the floor.

"Mandatory can be a two-edged sword," Mr. Greenleaf said Friday.

A mandatory minimum sentence would not necessarily deal with the case in point and it would take the discretion out of the judge's hands for future cases, he said.

"I trust the judges in making the decisions in the courtroom," he said.

Mrs. McLaughlin took the compromise and the bill passed the Senate 37 to 12 in October.

When the sentencing commission voted Thursday to accept the two-year enhancement she felt "surreal."

"It makes me a proud mom," she said.

The law takes effect on July 5, something Mr. Talerico attributes to a mother's undying love.

"As it relates to how this bill got to be, the fact its had success and has been pushed forward in memory of such an amazing little boy and had the success that it had because of the efforts of this mom makes me believe more firmly in what I have believed in for many years," Mr. Talerico said. "Never ever underestimate the power of a mother."

Contact the writer: jkohut@timesshamrock.com, @jkohutTT on Twitter


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