Published Friday, December 20, 2002
asks for a new
lease on life
influence governor
Herald Staff Writer
In Pennsylvania, a criminal sentence of life in prison means just that, said Mercer County District Attorney James P. Epstein.
"And I agree with that," he said.
But, Epstein also agreed the case of Ricki D. Pinkins, formerly of Farrell, could be an exception and could one day lead to his release.
Pinkins, 42, sentenced to life in prison for providing the gun used to kill a man, is one step away from getting out. The five-member Pennsylvania Board of Pardons unanimously voted Thursday to recommend that the governor commute Pinkins' sentence from life in prison to life on parole.
Recent practice by governors does not bode well for Pinkins ever getting out, but the circumstances of his case that led Epstein, Mercer County Common Please Court Judge Francis J. Fornelli, Sharon police and the family of Orland "Peanuts" Porreca not to oppose the case might also influence the governor.
"This is an unusual case," Epstein said.
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Porreca, owner of a Sharon bar and restaurant, was shot Jan. 9, 1982, in an armed robbery and died two days later of a single gunshot to the back.
According to Epstein, Anthony Wells, Alfred Boatwright, Henry Bruce, Eugene Grannison and Albert Phillips decided to rob Porreca's Tavern "because they mistakenly believed that they would find the proceeds from a Superbowl football pool at the bar."
Wells, the only one acquitted in the case, allegedly had a sawed-off shotgun, but the others did not have weapons, Epstein said in a letter to the Board of Pardons.
"Believing that they needed more firepower, they contacted Ricki Pinkins, whom they knew had access to a revolver," he said.
Pinkins admitted to police that he gave the gun, his mother's, to Wells, for "a job," but Wells didn't say what he had in mind.
Wells, Bruce and Boatwright went into the bar, while Phillips was the lookout and Grannison waited in a car, Epstein said.
Bruce aimed the revolver at Porreca, and it fired. He maintained he did not intend to shoot Porreca, and Epstein said he believes the contention.
Pinkins and Boatwright were brought in for questioning and admitted their involvement. Their information led to the arrest of the others, and Pinkins' mother led police to the .32-caliber gun.
Phillips pleaded guilty to third-degree murder and robbery and Bruce pleaded guilty to second-degree murder. They testified against the others at their trials.
Grannison was convicted of second-degree murder and lesser offenses. Phillips pleaded guilty to third-degree murder and robbery after the jury ruled on Grannison.
Wells was acquitted of murder, robbery and conspiracy.
Of those convicted, Grannison and Bruce were sentenced to life in prison and are still behind bars.
Phillips and Boatwright were sentenced to 10 to 20 years and have been paroled.
Wells was later convicted of a Sharon bank robbery.
Pinkins was offered a deal to plead guilty to a charge of robbery, but did not take it. Although he had confessed, his admission had limited effect on the case.
"That meant we could use the information against him but not against anyone else in the case," Epstein said.
Pinkins was convicted of second-degree murder and robbery and was sentenced by Fornelli to life in prison on the murder charge, with a prison time of 5 to 10 years on the robbery charge to be served concurrently.
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The Pinkins family hired an attorney to appeal his case, but none was ever filed. According to Epstein, the lawyer took a great deal of money from the family but did little work.
Local attorney Randall Hetrick was appointed to the case and filed an appeal, arguing that Pinkins' trial attorney was ineffective.
Discussions during that appeal led to many involved in the case to believe that Pinkins probably has served enough time for his crime.
A young woman who was believed to have seen the men flee the bar the night of Porreca's murder was found dead several days later, and Pinkins' trial attorney said Pinkins had knowledge of her death.
Pinkins never said he had information on the woman's death, but the lawyer's assurances that he did affected how the DA's office, then led by Samuel J. Orr IV, handled the case, said Epstein, who was an assistant DA at the time.
During the appeal discussions, Pinkins again denied knowledge of the woman's murder. He passed a polygraph test administered by state police, and a review of his trial attorney's file showed no substantiation of the lawyer's claim, Epstein said.
Epstein met with Fornelli, Sharon police and members of Porreca's family, and the subject of a Pinkins' request for a commutation was brought up. Once family members decided they would not oppose the request, Epstein, Fornelli and police decided to take the same position.
While no one outright advocated that Pinkins be released, their decision not to oppose it was a huge break for Pinkins, Hetrick said.
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The Board of Pardons is made up of the lieutenant governor, the attorney general, a crime victim representative, a corrections expert and either a psychologist, a psychiatrist or a medical doctor.
Lt. Gov. Robert C. Jubelirer, Attorney General D. Michael Fisher, Dr. Gerard N. Massaro, victim representative Louise B. Williams and corrections expert Barbara Walrath comprise the current board.
Once a request is filed, the board can decline it or allow a hearing.
"We were lucky to even get to the board," Hetrick said. "They haven't granted an interview for years."
Hetrick and Pinkins were interviewed by four members of the board in October, and Tuesday by Fisher. The board held public hearings on Pinkins' case and more than a dozen others Thursday, although Pinkins was the only life commutation request on the slate.
Hetrick had 15 minutes to argue Pinkins' case and was questioned by the board. Members of Pinkins' family also spoke on his behalf, and no one spoke opposing the request, Hetrick said.
Hetrick said his main point was that Pinkins provided the gun but did not specifically know what it would be used for and was not in the bar when Porreca was killed.
"Compared to the others, his role in the crime was small," Epstein said.
Hetrick said he believes the lack of opposition played a major role in the board's decision.
"If not for the Porreca family and the DA not opposing it, they never would have recommended it," Hetrick said. "I'm thrilled with the decision. It's somewhat unusual because it's been years since they interviewed anyone."
The case now goes to the governor's office, but no one involved in the case was sure whether Mark Schweiker would act in his last days or leave it for Edward G. Rendell.
If Schweiker does not act, the case automatically goes to Rendell, said board secretary Nelson Zullinger. There is no time limit in which a governor must act.
Hetrick said the governor will review the record before making a decision, and he doesn't believe any new testimony or argument will be given.
The Schweiker and Ridge administrations have not granted any commutations, let alone any involving a life sentence.
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Should Pinkins be freed, he would still have to adhere to the provisions set by the Board of Probation and Parole or he could end up back in jail.
In his application to the board, Pinkins said he has taken steps to make sure he will not run afoul of those provisions.
Pinkins said he wants to "prove to myself and others that I deserve a chance in society."
"I want to make amends for my actions," he said. "I would like to be a respectable and viable member of the community some day."
He would do that partly by talking with troubled youth about his life.
"I want to be a part of the solution and never a part of the problem," Pinkins said.
Pinkins said he has come to understand the effect that his actions had on Porreca's family. His actions while a free man "will definitely show them that I am truly sorry everyday of my life."
"I ask (for) mercy from the family and wish I could express my deepest apology in person," he said.
Pinkins said, if released, he would like to pursue an apprenticeship in the construction trades. He graduated from a program in building, custodial, maintenance and repair, and has taken college courses through the University of Pittsburgh.
He has studied carpentry, wiring, masonry, heating, ventilating and air conditioning and plumbing, he said.
Pinkins also has been a peer educator on acquired immune deficiency syndrome and HIV, the virus that causes AIDS, and helped institute a program to teach inmates cardiopulmonary resuscitation.
He has received a WPIAL license to officiate basketball games and is pursuing a license to officiate football and softball.
Pinkins recently completed a stress and anger management program and other programs that teach skills he would need to deal with people outside of prison.