The Perlmutter Center for Legal Justice at Cardozo Law Secures Commutation for LaShawn Fitch, Highlighting Injustices in Trial Penalty and Felony-Murder Sentencing Mr. Fitch will be released after serving more than 15 years in prison.
On Tuesday, November 25, the Perlmutter Center for Legal Justice at Cardozo Law (PCLJ) announced that LaShawn Fitch has received clemency from New Jersey Governor Phil Murphy in the form of a sentence commutation. He will be released on December 4, 2025, after serving more than 15 years in prison. PCLJ submitted a clemency petition on Mr. Fitch’s behalf earlier this year, which detailed the significant injustices surrounding his case and demonstrated his readiness to return home.
Cardozo Freedom Clinic students Jillian Fantuzzi ’25, Meiqui (Maggie) Liu ’25, and Anne Maley ’26 played a central role in drafting Mr. Fitch’s clemency application with Perlmutter Center attorneys and advocating for Mr. Fitch’s release. Their contributions and involvement in this process reflect Cardozo’s deep commitment to training students as legal advocates for underserved and neglected communities like incarcerated people. PCLJ Senior Staff Attorney Benjamin Burger and PCLJ Staff Attorney Emily Lane worked alongside the students on the case.
Mr. Fitch, now 35 years old, was sentenced to 40 years in prison for murder and other charges related to a robbery that occurred when he was 17 years old. It is undisputed that he did not fire the shot that caused the victim’s death. Despite this fact, Mr. Fitch was convicted under New Jersey’s felony-murder statute, an archaic concept of criminal liability that is increasingly disfavored due to its harsh effects on defendants, particularly people of color.
"As clinic students, we researched applicable New Jersey sentencing statutes, Governor Murphy’s Executive Order No. 362, and the felony murder rule," said Maley, a 3L student at Cardozo. "We found many states that reformed or abolished their felony murder rules in light of the overwhelming evidence of disproportionate impacts on juvenile offenders and people of color. In New Jersey, Black individuals make up 15% of the state’s population, but 71% of those incarcerated for felony murder. The median age at time of offense for felony murder in New Jersey is only 24 years old, with many individuals being younger than 18 years old at the time of their offense. Despite having no intent requirement, and the particularly young demographic impacted by the felony murder rule, in New Jersey the statute carries a minimum sentence of 30 years. Using this research, we drafted a portion of the clemency petition that identified these inequities and highlighted commutations granted through felony murder rule reform efforts in other states to support our argument for Mr. Fitch’s clemency. I am so grateful for the opportunity to be a small part of such important work and am thrilled to see this amazing result for our client in his clemency petition. Contributing to the resentencing and exoneration work done by PCLJ has been the high point of my time at Cardozo and will inform the rest of my legal career. I am immensely thankful to Governor Murphy for his decision to commute Mr. Fitch’s sentence and look forward to his release."
Before trial, prosecutors offered Mr. Fitch a 20-year sentence in return for a guilty plea. However, as Mr. Fitch has long maintained his innocence, he rejected the offer and exercised his constitutional right to trial. After being found guilty, he was eventually sentenced to 40 years in prison. This is a stark example of the trial penalty, a substantial increase in punishment often imposed on individuals who choose to contest the state’s evidence at trial and are penalized with far harsher sentences than those who plead guilty. Governor Murphy acknowledged the inequities of the trial penalty when he reformed the state’s clemency process in 2024 through Executive Order No. 362, which provides expedited review to individuals whose sentences reflect excessive penalties tied to exercising their trial rights. The Perlmutter Center’s petition emphasized that Mr. Fitch’s case exemplifies the systemic unfairness this order was designed to address.
Sentencing a juvenile to four decades in prison is also a clear miscarriage of justice. Neuroscientific, cognitive, and social science research have shown that juveniles and young adults have undeveloped brains that impair decision-making and impulse control. Importantly, when it comes to criminal liability, juveniles and young adults should not be considered in the same class as mature adults. Despite being 17 years old at the time of the offense, Mr. Fitch was tried, convicted, and sentenced as an adult.
“LaShawn’s determination and dignity in the face of an extraordinary injustice are a testament to the strength of someone who refused to be defined by the system’s failures.” said Burger. “Over the last 15 years, LaShawn has become a leader, mentor, and fierce legal advocate and this commutation is not only justified but profoundly deserved.”
During his time in prison, Mr. Fitch has demonstrated a commitment to education, personal growth, and community leadership. He has earned multiple academic credentials, become a trusted legal resource for other incarcerated people, and focused on returning to his family and community as a mentor and advocate.
Mr. Fitch will be released on December 4, 2025, and reunited with his family. He will return to his mother’s home in Ocean Township, New Jersey and join his family’s business. He also intends to continue his legal work and advocacy through his podcast.
ABOUT THE PERLMUTTER CENTER FOR LEGAL JUSTICE AT CARDOZO LAW
The Perlmutter Center for Legal Justice trains students and lawyers in the proper use of scientific evidence, focusing on the misuse of forensic science that potentially contributes to wrongful convictions. In addition, the Center seeks justice for those individuals incarcerated with excessive sentences through parole work and clemency requests. The Perlmutter Center was established through a $15-million philanthropic donation from the Laura and Isaac Perlmutter Foundation.