Com. v. Carson

• Decision Date: 18 November 1999
• Citation: 741 A.2d 686,559 Pa. 460
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Samuel CARSON, Appellant.
• Court: Pennsylvania Supreme Court

741 A.2d 686

559 Pa. 460

COMMONWEALTH of Pennsylvania, Appellee, v. Samuel CARSON, Appellant.

Supreme Court of Pennsylvania.

Argued May 1, 1997.

Decided November 18, 1999.

Jack McMahon, Philadelphia, for S. Carson.

Catherine Marshall, Lawrence J. Goode, Philadelphia, Robert A. Graci, Harrisburg, for Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION

ZAPPALA, Justice.

This is a direct appeal pursuant to 42 Pa.C.S. §§ 722(4) and 9711(h). Appellant, Samuel Carson, was convicted by a jury of murder in the first degree, robbery, two counts of aggravated assault, criminal conspiracy and possession of an instrument of crime. At the conclusion of the penalty phase of Appellant's trial, the jury found the existence of four aggravating circumstances and no mitigating circumstances, and returned a sentence of death.

The evidence of record, viewed in the light most favorable to the Commonwealth as verdict winner, discloses the following. Appellant was a drug dealer, conducting on-going crack cocaine sales in the area of 21st and Clymer Streets in South Philadelphia. On the evening of November 21, 1993, Appellant and two accomplices, Lawrence Eddins and Anthony Johnson, met at a bar where they agreed to rob the residence of Penny Hairston, who they believed was selling drugs in direct competition with Appellant. The men went to Hairston's residence at 2117 Clymer Street and gained entry by claiming that they wished to discuss the establishment of a drug selling operation at the residence. While Appellant was in the kitchen discussing this arrangement with Hairston, Eddins and Johnson threatened another drug dealer who was present, Edgar Clarke. Appellant, Eddins and Johnson then left the residence.

Clarke, having been threatened by the men, contacted a friend of his, Ramon Burton, and requested that Burton come to the scene. Immediately thereafter, Appellant, Eddins and Johnson re-entered Hairston's residence and robbed Clarke of drugs and money. When the men exited the residence, they encountered Burton, who had since proceeded to 2117 Clymer Street in a gray Honda, and a gun battle ensued. Remarkably, the only injury was to Eddins, who suffered several non-fatal gunshot wounds.

Immediately following the gun battle, Appellant fled towards 21st and St. Albans Streets. Once on St. Albans Street, Appellant fired several shots at William Lloyd, an innocent bystander who was standing on the southwest corner of 21st and Clymer Streets. Lloyd died as a result of multiple gunshot wounds to the head.

The police recovered seven spent .22 caliber shell casings in front of 2117 Clymer Street and five spent 9 millimeter casings in the vicinity of where the gray Honda had been during the gun battle. The police also recovered the 9 millimeter handgun fired by Burton. On January 8, 1994, while executing an arrest warrant for Appellant at his residence at 2009 Catherine Street, the police recovered a .38 caliber handgun from Appellant when he attempted to covertly discard the weapon from his second story bedroom window as the police were attempting to execute the arrest warrant.

Prior to trial, Appellant moved to sever his trial from that of Johnson and Eddins. On December 13, 1994, the motion was granted.

During the guilt phase of Appellant's trial, the Commonwealth sought to establish the existence of a conspiracy to rob the 2117 Clymer Street residence through the testimony of Monique Willey. Willey testified that she was with Appellant, Johnson and Eddins at Victor's Tavern on the night of the murder, and that Johnson had requested her assistance in the trios' planned robbery of 2117 Clymer Street.

The Commonwealth presented the eyewitness testimony of Clarke and Burton, both of whom had identified Appellant from a photo array and line-up as the perpetrator of the crimes. The Commonwealth also presented the eyewitness testimony of Ruth Beverly. Beverly had been walking north on 21st Street and crossing at St. Albans Street when she heard the gun battle erupt on Clymer Street. Beverly was startled by the gunfire and stumbled to the ground while attempting to take cover. Beverly testified that as she picked herself up off of the ground, she observed Appellant walk into the middle of St. Albans Street and shoot the victim as he stood at the corner of 21st and Clymer Streets.

The Commonwealth presented evidence of the ballistics testing conducted on the 9 millimeter handgun, the .38 caliber handgun, the .22 caliber and 9 millimeter shell casings recovered from Clymer Street and the bullet fragments removed from the gray Honda and the victim's brain. Through expert testimony it was established that the .22 caliber shell casings had all been fired from the same weapon and that the shell casings were consistent with the bullet fragments removed from both the gray Honda and the victim's brain. The Commonwealth further established through expert testimony that the .38 caliber handgun recovered from Appellant was capable of firing .22 caliber ammunition.

Appellant testified on his own behalf and presented an alibi defense, claiming to have been at home with his father and girlfriend at the time of the murder. Appellant attempted to discredit the testimony of Commonwealth eyewitness Beverly by claiming that she was motivated to testify falsely against Appellant as retribution for Appellant having broken off a prior long-standing relationship between the two, in which Beverly had been providing Appellant with sexual favors in exchange for crack cocaine. Appellant attempted to bolster his alibi defense by presenting the testimony of his father and girlfriend, both of whom testified that Appellant was at home when the gunfire erupted on nearby Clymer Street.

On July 14, 1995, at the conclusion of an eight day jury trial, Appellant was convicted on the charges of murder in the first degree, robbery, two counts of aggravated assault, criminal conspiracy and possession of an instrument of crime. On July 18, 1995, Appellant was sentenced to death for the murder conviction. The jury found the existence of four aggravating circumstances: the defendant committed a killing while in the perpetration of a felony, 42 Pa.C.S. § 9711(d)(6); in the commission of the offense the defendant knowingly created a grave risk of death to another person in addition to the victim, 42 Pa.C.S. § 9711(d)(7); the defendant has a significant history of felony convictions involving the use or threat of violence to the person, 42 Pa.C.S. § 9711(d)(9); and the defendant committed the killing while in the perpetration of a drug felony, 42 Pa.C.S. § 9711(d)(13). No mitigating circumstances were found.¹ On March 28, 1996, Appellant was sentenced to terms of imprisonment on each of the remaining charges to run concurrent with his sentence for first degree murder.

On July 19, 1995, post-sentence motions were filed on Appellant's behalf by trial counsel, Daniel Greene, Esquire. On April 25, 1996, additional post-sentence motions were filed on Appellant's behalf by Jack McMahon, Esquire, whom Appellant had since retained to represent him on appeal. By order dated August 6, 1996, the trial court denied the post-sentence motions filed by Greene, which had not been pursued by McMahon, but which had not previously been formally denied. The remaining post-sentence motions were denied by order of the trial court that same date.

We will first address Appellant's contention that the evidence was insufficient to support his conviction for first degree murder. In reviewing the sufficiency of the evidence, we must determine whether the evidence admitted at trial and all reasonable inferences drawn therefrom, when viewed in the light most favorable to the Commonwealth as verdict winner, are sufficient to support all the elements of the crime beyond a reasonable doubt. Commonwealth v. Carpenter, 511 Pa. 429, 515 A.2d 531 (1986). In order to prove murder in the first degree, the Commonwealth must show that a human being was unlawfully killed, that the accused committed the killing and that the killing was done in an intentional, deliberate and premeditated manner. 18 Pa.C.S. § 2502(a); Commonwealth v. Mitchell, 528 Pa. 546, 599 A.2d 624 (1991). The element which distinguishes first degree murder from all other degrees of criminal homicide is the presence of a willful, premeditated and deliberate attempt to kill. Commonwealth v. Paolello, 542 Pa. 47, 665 A.2d 439 (1995).

Appellant specifically alleges that the evidence was insufficient to support the verdict of first degree murder because the testimony of Beverly, the only eyewitness to the murder, was incredible. As credibility determinations are within the sole province of the trier of fact, who is free to believe all, part or none of the evidence, Appellant's claim provides no basis for relief. Commonwealth v. Williams, 532 Pa. 265, 615 A.2d 716 (1992); see also Commonwealth v. Pettus, 492 Pa. 558, 424 A.2d 1332 (1981)

(holding that issues of credibility, solely within the province of the trier of fact, will not be reviewed on appeal). Moreover, after reviewing the record, we find that the testimony of Commonwealth witnesses Clarke, Burton and Beverly, coupled with the corroborating testimony and physical evidence, was clearly sufficient to support Appellant's conviction for first degree murder.

In his first claim of pre-trial error, Appellant raises a Batson² issue of sorts. The victim in this case was black, as is Appellant. During jury selection, two jurors, both black, had been seated when Appellant used his first peremptory challenge against a white male. When Appellant attempted to use his second peremptory challenge against a white female the trial court sua sponte asked counsel for Appellant to place on the record his race-neutral reason for the challenge. Counsel explained that after consulting with Appellant and explaining to him the law with respect to race and gender vis a...