United States Darcy v. Handy

• Decision Date: 11 June 1956
• Docket Number: No. 323,323
• Citation: 351 U.S. 454,100 L.Ed. 1331,76 S.Ct. 965
• Parties: UNITED STATES of America ex rel. David DARCY, Petitioner, v. Earl H. HANDY, Warden of Bucks County Prison, et al
• Court: U.S. Supreme Court

351 U.S. 454

76 S.Ct. 965

100 L.Ed. 1331

UNITED STATES of America ex rel. David DARCY, Petitioner,

v Earl H. HANDY, Warden of Bucks County Prison, et al.

No. 323.

Argued May 1 and 2, 1956.

Decided June 11, 1956.

Mr.Charles J. Margiotti, Pittsburgh, Pa., for petitioner (on appeal only).

Mr. Frank P. Lawley, Jr., Harrisburg, Pa., for respondent.

Mr. Justice BURTON delivered the opinion of the Court.

The question before us is whether the accused, who is under a sentence of death, imposed by a Pennsylvania court and jury for murder committed during the course of an armed robbery, was tried under such prejudicial circumstances and improper influences that he was denied the due process of law guaranteed by the Fourteenth Amendment to the Constitution of the United States. The charges in this federal habeas corpus proceeding are that an atmosphere of hysteria and prejudice prevailed at the state trial, including the prejudicial conduct and frequent presence in the courtroom of another judge of the same court, who recently had presided over a trial of two associates of petitioner and which had resulted in a like conviction and sentence for the murder committed. For the reasons hereafter stated, we agree with the considered judgments of the state court, Commonwealth of Pennsylvania ex rel. Darcy v. Claudy, 367 Pa. 130, 79 A.2d 785; the Federal District Court, 130 F.Supp. 270; and the Court of Appeals, 224 F.2d 504; holding that the accused was not denied due process of law.

Late on December 22, 1947, petitioner Darcy and three associates, Foster Zeitz and Capone, armed with revolves, held up a tavern in Feasterville, near Doylestown, Bucks County, Pennsylvania.¹ During the robbery two patrons of the tavern were shot and severely wounded. As petitioner and his companions left the scene, Zeitz fired at and killed a bystander, William Kelly. About a half hour later, petitioner and his companions committed another armed robbery in which shots also were fired but no one was injured. Before 2 a.m., they were arrested by Philadelphia police. While in that custody, they voluntarily admitted their participation not only in the above robberies but in seven others committed since November 30. In these a total of seven persons had been shot or otherwise injured.

On January 5, 1948, petitioner and his three companions were brought to Bucks County, charged with the murder of William Kelly and committed, without bail, to await action by the grand jury. On February 10, all four being present and all but one being represented by counsel of his own choice, they were severally indicted for murder. The District Attorney moved for a continuance because Foster was without counsel, and because one prosecution witness was in a critical condition from the wound received at the time of the robbery. The continuance was granted. On March 1, counsel for petitioner and Capone moved for a severance and separate trials. Judge Keller of the nisi prius or trial court (Court of Oyer and Terminer and General Jail Delivery of Bucks County) suggested the advisability of a combination trial, but granted the motions when counsel insisted on their right to them. On March 3, Judge Boyer, of the same court, appointed two local attorneys to represent Foster.

In March, defense counsel were advised that the Foster-Zeitz case would be called first, petitioner's case the following week, and then Capone's case.

When it became apparent that the Foster-Zeitz trial, which began May 24, would continue into the week of June 1, the court directed the sheriff's office to notify the prospective jurors who had been summoned for June 1 not to appear until June 7. They were so notified and with one exception, did not appear for duty until the latter date. For the Foster-Zeitz and petitioner's trials, the prospective jurors waited outside the main courtroom, were called in individually and were subjected to a searching examination on voir dire. While neither Foster, Zeitz nor petitioner exercised all of his peremptory challenges, two extra venires were called in order to complete the two juries. No jurors sat in both cases. Once accepted, the respective juries were kept together during each trial under the supervision of court officials. The jurors were not permitted to see newspapers, listen to radios, or see television programs, and were kept free from any outside influence or contact.

At no time during either the Foster-Zeitz trial or petitioner's trial was the courtroom filled to capacity and at no time was there any need for the court to call for order. No outbursts, disturbances or untoward incidents occurred in the courtroom or elsewhere in the county.² The proceedings were reported daily in the press and, on occasion, by radio. The reporting was factual, with some editorials.³ The news coverage diminished a few weeks after the robbery, increased and subsided again after the grand-jury proceedings, and increased just before the trials.

In Pennsylvania, the jury fixes the penalty for murder in the first degree. ⁴ No question was raised as to identity or as to petitioner's participation in the robbery. The strategy of the defense in both trials was to seek to keep the punishment down to life imprisonment. On Friday June 4, the jury in the Foster-Zeitz trial returned a verdict of guilty and fixed the penalty at death. After receiving the verdict, the trial judge, Judge Boyer, was, on June 5, quoted in the local newspaper as having said to that jury:

'I don't see how you could, under the evidence, have reached any other verdict. Your verdict may have a very wholesome effect on other young men in all vicinities who may come to realize the seriousness of the folly in which so many young men indulge in these days. The only hope of stemming the tide of such crime by youth is to enforce the law which you have indicated by your decision." 130 F.Supp. at pages 291—292.

A few moments earlier, Judge Keller, in discharging the remainder of the May 24 panel, had, in the same courtroom, commended them for their satisfactory verdicts, the last one of which had been an acquittal on a charge of rape.

On Monday, June 7, petitioner's trial began. The court opened at 10 a.m., with both Judge Boyer and Judge Keller presiding. As usual, miscellaneous business unrelated to the impending trial, was first dispused of by the court. Petitioner was then arraigned. He pleaded not guilty and, upon Judge Keller's direction, the selection of the jury was commenced. At various times during petitioner's trial, although it was presided over by Judge Keller, Judge Boyer was in attendance, sitting either on the bench with Judge Keller or in the courtroom within the enclosure reserved for attorneys, the parties and the press. In this connection, the Federal District Court found that—

'By long established tradition in Bucks County, each morning and afternoon at the opening of court both judges take the bench to entertain motions and other miscellaneous matters in the Criminal, Common Pleas—law and equity—and Orphans Court. Once this work is completed, one of the judges, if engaged in a trial in that court room, remains on the bench; the other judge leaving to perform duties in another court room or in chambers. The practice used in many Pennsylvania courts * * * was continued daily no matter what court was in session or the nature of the trial * * * (but) not on June 4 when Judge Boyer charged the jury (trying Foster and Zeitz); and * * * not on June 8 and 10.

'The criminal docket * * * a record of individual trials, shows both judges on the bench at 10:00 A.M. May 24 * * * 9:30 A.M. June 2 * * * 10:00 A.M. June 7 * * *. The court reporter's notes of testimony show only one instance of Judge Boyer taking any part whatsoever in the Darcy trial, i.e., during a sidebar discussion out of the hearing of the jury shortly after court convened on Saturday morning, June 12 * * *. Under consideration was a difficult question of law on the admissibility of evidence of other offenses * * * in view of the Act of July 3, 1947, P.L. 1239, 19 P.S.Pa. § 711 note. Judge Boyer indicated his thinking on the matter. Upon objection by counsel the discussion ended; Judge Keller ruled; Judge Boyer left the bench shortly after and did not return during the remainder of the trial. It may be that during the Foster-Zeitz trial Judge Keller shortly after 9:30 A.M. June 2 * * * listened to but did not express any opinion during a similar discussion.

'Honorable Hiram H. Keller * * * who presided * * * throughout the trial, has certified * * * that after the miscellaneous business was completed, 'On several occasions * * * Judge Boyer remained for brief periods while evidence was presented * * *', and that with the exception of the incident (noted above), 'At no other time, during the course of the trial, did Judge Boyer assist, volunteer to assist, or make any suggestions to or otherwise aid the undersigned in the trial of this case.'

'The District Attorney * * * testified, and we find as a fact, that Judge Boyer did not at any time during the Darcy trial assist, attempt to assist, make any suggestion to or in any other manner aid the Commonwealth in the prosecution of the case against David Darcy; that Judge Boyer did not pass any note or message of any kind to the District Attorney in connection with the trial for the use of the District Attorney or Judge Keller.

'On several occasions during the Darcy trial—not on Friday evening or during the charge of the court on Monday, June 14 Judge Boyer sat for brief intervals on a chair just inside the court room door from the judges' chambers, apparently listening to the proceedings. * * *

'During the Darcy trial Judge Boyer did not at any time sit at or near the table reserved for the press; at or near the table reserved for the District Attorney; at no time did Judge Boyer sit on a chair next to or anywhere near a chair occupied by the District Attorney.

'Throughout...