Com. v. Abdul-Salaam

• Decision Date: 18 June 1996
• Docket Number: A,ABDUL-SALAA
• Citation: 544 Pa. 514,678 A.2d 342
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Seifullahppellant.
• Court: Pennsylvania Supreme Court

Page 342

678 A.2d 342

544 Pa. 514

COMMONWEALTH of Pennsylvania, Appellee, v. Seifullah ABDUL-SALAAM, Appellant.

Supreme Court of Pennsylvania.

Argued Dec. 7, 1995.

Decided June 18, 1996.

[544 Pa. 520] Spero T. Lappas, Harrisburg, for S. Abdul-Salaam.

J. Michael Eakin, Alison Taylor, Carlisle, Robert A. Graci, Office of Attorney Gen., Harrisburg, for Com.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY and CASTILLE, JJ.

OPINION

CAPPY, Justice.

This is a direct appeal of the judgment of sentence of death imposed by the Court of Common Pleas of Cumberland County Pennsylvania. ¹ Following a jury trial, Appellant, Seifullah Abdul-Salaam, was found guilty of murder of the first degree, robbery, and conspiracy. He was sentenced to death for the first degree murder conviction. ² The jury found that the aggravating circumstances of: 1) the victim was a peace officer who was killed in the performance of his duties; ³ 2) Appellant committed a killing while in the perpetration of a felony (robbery); ⁴ 3) in the commission of the offense, Appellant knowingly created a grave risk of death to another person in addition to the victim of the offense; ⁵ and 4) Appellant has a significant history of felony convictions involving the use or threat of violence to the person, ⁶ outweighed the mitigating circumstance concerning the character and record of the Appellant and the circumstances of his offense. ⁷

Sufficiency Of The Evidence

Although Appellant does not challenge the sufficiency of the evidence, as in all cases in which the death penalty is imposed, we must conduct an independent examination of the sufficiency of the evidence supporting the Appellant's conviction. Commonwealth v. Zettlemoyer, 500 Pa. 16, 454 A.2d 937 (1982), cert. denied, 461 U.S. 970, 103 S.Ct. 2444, 77 L.Ed.2d 1327 (1983), reh'g denied, 463 U.S. 1236, 104 S.Ct. 31, 77 L.Ed.2d 1452 (1983). "In reviewing the sufficiency of the evidence, we must determine whether the evidence, and all reasonable inferences deducible therefrom, viewed in the light most favorable to the Commonwealth as verdict-winner, are sufficient to establish all the elements of the offense(s) beyond a reasonable doubt." Commonwealth v. Hughes, 536 Pa. 355, 361, 639 A.2d 763, 766 (1994). With these standards in mind, we will review the record in this matter.

The record reveals that on the morning of August 19, 1994, Appellant and Scott Anderson drove toward the town of New Cumberland, Pennsylvania in a borrowed Suzuki Sidekick. First, in Camp Hill, Pennsylvania, then outside of New Cumberland, the two men asked for directions. At approximately 10:30 a.m., Appellant and Anderson arrived in New Cumberland and parked their car in Maple Alley. Maple Alley runs perpendicular to Fourth Street. Appellant walked across Fourth Street to the D & S Coin Shop which was owned by Mr. Dale Rishel. The coin shop was a one-room building with storefront windows. Appellant knocked on the door to the coin shop and entered. A resident of Fourth Street, Mr. Vinh Tran, observed Appellant pass him on the street and noted that Appellant knocked on the coin shop door, since few people knocked before entering. Anderson followed and entered the coin shop shortly thereafter, carrying gloves and a bag. Again, Mr. Tran observed Anderson and found remarkable Anderson's heavy clothing on such a warm summer's morning.

Once inside the coin shop, Appellant asked Mr. Rishel about specific gold coins. Mr. Rishel responded that he did not carry that inventory but suggested another dealer. Appellant then pulled a revolver from under his shirt and he and Anderson came across the counter onto Mr. Rishel to subdue him. The front window of the store was broken during this altercation. Mr. Rishel was taped across the face and around his legs, and his hands were tied behind his back with a cord. Appellant kicked Mr. Rishel in the head, while Anderson began to go through Mr. Rishel's goods.

Immediately upon hearing the breaking of the front window of the coin shop, Mr. Tran alerted his landlord, Mr. James Howie, of the situation. Mr. Howie called 911. Officer Willis Cole of the New Cumberland Police Department ultimately responded to the 911 call. Officer Cole parked his squad car on Fourth Street in front of Mr. David Michael's barbershop, which is on the same side of Fourth Street as the coin shop. As Officer Cole approached the coin shop, the perpetrators apparently became aware of his presence and, finding no rear escape, exited the front door, first Appellant, then Anderson.

Appellant was able to escape from the scene, however, Officer Cole intercepted Anderson. Officer Cole ordered Anderson to lie face down and prepared to handcuff him. Mr. Michaels watched as Appellant, with his back against a building and revolver drawn, reappeared from Maple Alley as if he had circled part of the block. Appellant then sprinted from the alley toward Officer Cole shooting at Officer Cole as he ran. Having been warned by individuals in the street, Officer Cole was able to return Appellant's fire, hitting Appellant in the leg. However, Appellant continued shooting. Officer Cole staggered into the middle of Fourth Street and collapsed after receiving a bullet through his heart. These events, literally unfolding in front of them, were observed by various witnesses who lived and/or worked in the neighborhood, including Mr. Rishel, Mr. Tran, Mr. Howie, and Mr. Michaels.

Appellant and Anderson fled the scene, dropping the revolver used to kill Officer Cole as they ran. They returned to their car and proceeded in the direction of Harrisburg.

After receiving a description of the Suzuki and of Appellant and Anderson via police radio, Officer Rodney Smith of the Middlesex Township Police Department spotted and pursued the two individuals outside of Harrisburg. After a high speed chase, Appellant and Anderson lost control of the Suzuki which then came to a stop. The men abandoned the car, fleeing on foot. As Appellant exited the vehicle, he looked directly at Officer Smith. Anderson was found several blocks away and was arrested. Shortly thereafter, Appellant was arrested in an alley near the home of his girlfriend, Christina Reeves, while the two were walking her dog.

Ms. Reeves agreed to allow the police to search her home, where Appellant occasionally spent the night. She also signed a consent form indicating that the police were searching for a handgun and clothing. Pursuant to the search, the police found a briefcase in Ms. Reeves' bedroom closet which contained ammunition and correspondence belonging to Appellant.

After his arrest, Appellant invoked his right to counsel and his right to remain silent. Appellant requested treatment for his leg wound and was taken to a local hospital accompanied by a custodial officer, Detective Victor Rivera. Appellant and the officer engaged in small talk when Appellant asked the officer, "What are my options?" The officer readvised Appellant of his rights and told him that he could tell his attorney whatever it was that he wanted to tell him. Appellant then stated: "All I'm going to say is that 'Scotty Love' did it." No follow-up questions were asked by Detective Rivera.

At trial, various witnesses, including Mr. Rishel, Mr. Tran, Mr. Howie, Mr. Michaels, and Officer Smith, testified as to the events surrounding the robbery and the murder of Officer Cole. Among those witnesses, a ballistics expert was able to match the revolver left at the scene with the bullet recovered from Officer Cole's body and a Pennsylvania State Police Officer employed in the Latent Print and Automated Fingerprint Identification sections of the Laboratory Division was able to match Appellant's fingerprint with a latent fingerprint found in the Suzuki.

The above facts are more than sufficient to satisfy us that the Commonwealth presented sufficient evidence to sustain Appellant's conviction for first degree murder, robbery, and conspiracy. Having considered the sufficiency of the evidence, we turn next to Appellant's particular claims of error.

Suppression Issues

Appellant raises three issues of alleged trial court error regarding suppression. When we review the rulings of a suppression court that are in favor of the Commonwealth, we must determine whether the record supports the court's factual findings. In so doing, we consider only the evidence of the prosecution and so much of the evidence for the defense as, when fairly read in the context of the record as a whole, remains uncontradicted. Assuming that the record supports the findings of the suppression court, we are bound by those facts and may reverse only if the legal conclusions drawn therefrom are in error. Commonwealth v. Hughes, 536 Pa. 355, 367, 639 A.2d 763, 769 (1994); Commonwealth v. Cortez, 507 Pa. 529, 491 A.2d 111 (1985), cert. denied, 474 U.S. 950, 106 S.Ct. 349, 88 L.Ed.2d 297 (1985).

Initially, Appellant argues that the trial court erred in denying Appellant's pre-trial motion to suppress eyewitness identifications. The facts underlying Appellant's assertions are as follows.

Appellant was arrested as part of the continuing chain of events on the morning of August 19, 1994. Appellant's accomplice, Anderson, was apprehended after the chase outside of Harrisburg immediately following the shooting. Anderson then led the police to Appellant. Appellant was thereafter arrested; however, his arrest was without a warrant. Following an initial appearance before a Dauphin County District Justice, Appellant was transferred to Cumberland County, and that evening, was preliminarily arraigned before District Justice Charles A. Clement, Jr. The police filed a complaint with an affidavit rider attached thereto. The rider purported to contain probable cause for the issuance of a warrant of arrest for the Appellant; however, the affidavit failed to contain most of the information known to the police, and arguably failed to state probable cause.

On August 29,...