Com. v. Bittner

• Court: United States State Supreme Court of Pennsylvania
• Writing for the Court: Before BELL; O'BRIEN; COHEN
• Citation: 272 A.2d 484,441 Pa. 216
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Edward E. BITTNER, Appellant.
• Decision Date: 07 January 1971

Page 484

272 A.2d 484 441 Pa. 216 COMMONWEALTH of Pennsylvania, Appellee,
v.
Edward E. BITTNER, Appellant. Supreme Court of Pennsylvania. Jan. 7, 1971.

[441 Pa. 217]

Page 485

Alan Frank, Pittsburgh, for appellant.

Robert W. Duggan, Dist. Atty., Robert L. Campbell, Carol M. Los, Asst. Dist. Attys., Pittsburgh, for appellee.

Before BELL, C.J., and JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION OF THE COURT

O'BRIEN, Justice.

On June 10, 1966, while being moved within the Pittsburgh Public Safety Building, appellant Edward Bittner shot and killed Officer Gaetano of the Pittsburgh Police Department with the officer's gun. Appellant was indicted for murder and voluntary manslaughter by a grand jury in September, 1966. Eighteen months later, on March 11, 1968, appellant's case was listed for trial. Prior to trial, appellant's counsel filed numerous pretrial applications for relief including an application to quash the indictment for failure to afford[441 Pa. 218] him a speedy trial and a challenge of the array of jurors.

The speedy trial application was denied by the trial judge after oral argument. The challenge to the array of jurors was denied by the trial judge after an evidentiary hearing and oral argument thereon.

Immediately thereafter the matter proceeded to trial. Appellant was convicted of murder in the first degree and this appeal followed the denial of post-trial motions and formal sentencing to life imprisonment.

Appellant presents three arguments. He first repeats his allegations that he was denied a speedy trial and that he was denied an impartially selected jury. In arguing that he was denied a speedy trial, appellant emphasizes the twenty-one month delay between his arrest and trial and contends that all of this delay was the fault of the Commonwealth. We do not agree with appellant's view of the facts. We believe

Page 486

that much of the delay between his arrest and trial was of his own making.

On June 22, 1966, following an unsuccessful attempt to postpone the Coroner's inquest, appellant filed a petition for writ of habeas corpus. On August 12, 1966, a hearing was held and the petition was denied by order dated October 6, 1966. An appeal was taken to this Court and was quashed by per curiam order on December 11, 1967, on the grounds that an appeal was premature. Com. ex rel. Bittner v. Price, 428 Pa. 5, 235 A.2d 357 (1967). The record was remanded to the court below on December 11, 1967.

On August 19, 1966, appellant attempted an unsuccessful prison break and was subsequently hospitalized for several weeks to recuperate from injuries sustained in the attempted break.

On September 9, 1966, appellant filed a petition for writ of habeas corpus in the United States District Court for the Western District of Pennsylvania. By [441 Pa. 219] order dated September 13, 1966, the petition was dismissed for failure to exhaust state remedies.

On October 20, 1966, appellant filed an application for change of venue which was pending before the court but was subsequently withdrawn without prejudice on November 2, 1967.

On January 12, 1968, appellant filed another petition for writ of habeas corpus in the United States District Court, which was denied on January 16, 1968.

On January 12, 1968, appellant filed an application to set bail. A hearing was held on February 8, 1968. By order dated February 20, 1968, the application was denied.

On January 31, 1968, appellant filed an application for pretrial discovery and inspection. After argument, by order dated February 16, 1968, appellant was permitted to examine various items of evidence. On January 31, 1968, appellant filed an application for medical examination which was withdrawn on February 16, 1968. On February 16, 1968, appellant filed an application to produce jury lists which was dismissed on the same day.

On February 16, 1968, appellant filed an application to suppress...