Com. v. Hart
| Decision Date | 06 December 1985 |
| Parties | COMMONWEALTH of Pennsylvania v. George HART, Appellant. COMMONWEALTH of Pennsylvania v. Ann ROBINSON, Appellant 01959 Phila. 1984 029150 Phila. 1984 |
| Court | Pennsylvania Superior Court |
Daniel H. Greene, Philadelphia, for appellants.
Robert B. Lawler, Asst. Dist. Atty., Philadelphia, for Com., appellee.
Before ROWLEY, HESTER and LIPEZ, JJ.
George Hart and Ann Robinson both appeal a five to ten-year sentence for third degree murder and related offenses arising from the merciless abuse of two of their children which resulted in the death of a three-year-old daughter, Misty, and serious injuries to a two-year-old son, Leif. Appellants raise three issues challenging the sufficiency of the evidence. We hold that there is sufficient evidence to support the convictions and affirm the judgments of sentence. 1
On January 5, 1983, in response to a call, Philadelphia police arrived at appellants' residence where Hart was holding his daughter, Misty Hart, in his arms. The three-year-old child appeared to have been beaten; her face was bruised and swollen. Hart told the officers that Misty had fallen from her crib and that he had beaten her because she would not eat and was "bad." The police took Hart and the child to the hospital, while his common-law wife, Robinson, remained at home with the couple's four other children.
At the hospital, doctors considered Misty to be in critical condition. She was transferred to a children's hospital for surgery, but died within hours. Her father was taken into custody at the hospital and transported to the police station. En route, Hart told the officers that he had beaten the baby to make her eat.
While in custody, Hart gave two statements to homicide detectives which were introduced at appellants' bench trial. He admitted having beaten his daughter repeatedly during the preceding week because she had a cold and would not eat. He hit the child with a belt, and spanked her on the legs, arms, buttocks and back. He also slapped her numerous times in the face with sufficient force to knock her down. He denied that anyone other than he and his wife had beaten Misty and stated that both "smacked her in the face." Hart claimed that Misty had fallen several times from her bed the night before her death, so he put her in a crib from which she had again fallen.
Robinson was tried as Hart's codefendant. On the day of Misty's death, Robinson had given a written statement to police which was also introduced in evidence. She denied knowing how Misty suffered her head wound, although she had earlier told the police that she, rather than Hart, had beaten Misty. Robinson acknowledged beating Misty repeatedly during the six months prior to her death with a belt, a shoe and a paddle. She admitted seeing marks on the child as a result of the beatings. She also admitted beating Leif with a belt, a shoe and a paddle.
In appellants' residence, detectives found a crib and several beds formed of milk crates. There was virtually no other furniture in the apartment, nor was there any food. An officer found appellants' two-year-old son, Leif, in bed. His legs and feet were swollen and inflamed, his stomach distended, his ribs protruding. There was a lump on his head, a scar over his right eye, a burn scar on his right knee, whip marks, a belt buckle scar on his back, and what appeared to be cigarette burns below his stomach. The officer testified, "His whole body was full of old scars."
Leif was taken to the hospital, where he was admitted for treatment. On the following day, Leif still could not stand; he had to be held at all times. Photographs taken the day after his admission depicted burn marks on his lower abdomen, black and blue bruises on his buttocks and back, a burn scar on his right knee, and a scar over his right eye. Leif had scars and bruises over his entire body: arms, legs, back and stomach.
Medical examiner Robert L. Catherman, M.D., performed a postmortem examination of Misty Hart's body on the day after her death. He testified that, in addition to old scars all over her body, there were fourteen recent external injuries. His internal examination disclosed a fractured skull, a bruise over the right side and back of the head, a subdural hematoma, and extensive diffuse bleeding into the soft tissue and muscles of the buttocks and thighs.
The doctor concluded that the internal injuries to the buttocks and thighs as well as the fourteen external injuries were all blunt-force injuries. The head injuries indicated a substantial blunt force over the back of the head consistent with the moving head striking a fixed object, rather than a moving object striking the head in a stationary position. He expressed these conclusions with "reasonable medical certainty."
The doctor then expressed his opinion, to "a reasonable degree of medical certainty," that death resulted from "multiple injuries of the head, trunk, and limbs." Finally, he expressed his opinion, with the same level of certainty, that the manner of death was homicide.
During cross-examination, he stated that the head injuries could have been caused by a fall from the height of Misty's crib, but repeatedly expressed his opinion that the injuries did not occur in that fashion. He based his opinion on his training and on substantial experience in examining similar injuries. He also conceded that the head injuries were the primary cause of death and without those injuries, the child probably would not have died, though the injuries to the buttocks and thighs contributed to the death.
The trial judge explicitly resolved all matters pertaining to the credibility of witnesses, and the weight to be given their testimony, in favor of the Commonwealth. Slip opinion, 7/28/85, 10; slip opinion 8/2/85, 11. Based on the foregoing evidence, he found appellants guilty of murder in the third degree, aggravated assault, criminal conspiracy, two counts of endangering the welfare of children, and recklessly endangering another person.
On July 10, 1984, the court heard and denied post-verdict motions and sentenced each appellant to five to ten years confinement for murder in the third degree; seven years probation for criminal conspiracy, consecutive to the murder sentence; and shorter concurrent sentences for the remaining crimes. The sentence of each appellant for recklessly endangering another person was merged with that for aggravated assault.
Appellants argue that the evidence was insufficient to establish beyond a reasonable doubt, first, that Misty Hart's death was the result of a criminal act; second, that they were guilty of...
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