Pinellas man convicted in teen girl’s brutal murder released from prison 40 years later
SEMINOLE, Fla. - A convicted killer is out of prison 40 years after he was charged with brutally murdering a 16-year-old.
According to court documents, Jeffrey Murphy and David Croft stabbed Penny Faulkner several times and suffocated her when they were 17 years old. Her body was found near Park Street and 54th Avenue North in Pinellas County.
Both Murphy and Croft were sentenced to life in prison.
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"She had been entered into the Pinellas County vocational program to be a hairstylist," John Faulkner, Penny’s brother, said. "She was the first kid from special ed to ever be accepted into that vocational program. So, she had hopes and aspirations and dreams just like everybody else. And she loved music. She loved to swim. She had a great smile. She was just an all-around great kid."
Thursday, Murphy was released from prison. Since the murder in 1983, the law has changed.
The Florida Supreme Court ruled in 2012 that juveniles sentenced to life in prison are entitled to a resentencing hearing and a review of their cases every 25 years.
"The courts created a new requirement to look at juveniles charged and convicted as an adult when they're sentenced to life in prison," Anthony Rickman, a defense attorney not affiliated with the case, said.
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"In this particular case, we know this defendant was sentenced to life in prison and as a juvenile, he was sentenced to life at 17. And now, the court was required to do a resentencing hearing. After that resentencing hearing, even if the court, in this case, as it did, determines that resentencing isn’t appropriate, or he's still determined to be somebody subject to life [in prison], then every 25 years … after 25 years, he is subject to a review hearing," Rickman said.
In Murphy’s review hearing, the defense’s expert witness testified that Murphy was rehabilitated and fit to be released. The lower court judge again denied Murphy’s release, but an appellate court recently overturned that decision based on the expert’s testimony.
Rickman said the appellate court can, but doesn’t have to, consider previous statements from the victim’s family.
"When you look at the way this law is written as it relates to the 25-year review, victim impact is not part of that review standard. Really, the only standard is rehabilitation and fitness to enter society," Rickman said. "This is how the law is, but there are ways to change it and that is through the legislature," he said.
Penny’s family is trying to change the law.
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"We're allowed to be and to speak at every other court hearing except for the appellate process, which in essence is the most important one because now he's released," Faulkner said. "This is a very trying time. It brings back a lot of pain."
"I just don't want other people to have to go through this type of situation. So, it's important that we get the legislation to look at the way the appeal process is handled and that the victims need to have the right to be present at everything, every court proceeding," Faulkner said.
Faulkner has reached out to Governor Ron DeSantis and to Attorney General Ashley Moody to try to change the law.
"We love you. We miss you, and we’ll fight for you every step of the way," Faulkner said.
Faulkner said he’s worried Croft will also be released, and said he is working to try to make sure that doesn’t happen.
Murphy is now at a non-profit in Jacksonville that reintroduces convicted felons to society. He was given lifetime probation and can’t have any contact with the victim’s family.