Com. v. King

Citation554 Pa. 331,721 A.2d 763
PartiesCOMMONWEALTH of Pennsylvania, Appellee, v. Carolyn Ann KING, Appellant. COMMONWEALTH of Pennsylvania, Appellee, v. Bradley A. MARTIN, Appellant.
Decision Date02 December 1998
CourtUnited States State Supreme Court of Pennsylvania

M. Jennifer Weiss, Lebanon, Robert Brett Dunham, Philadelphia, for Carolyn Ann King, appellant.

Keith L. Kilgore, Lebanon, Robert Brett Dunham, Philadelphia, for Bradley Martin, appellant.

Bradford H. Charles, Donna Long Brightbill, Lebanon, Robert A. Graci, Office of Atty. Gen., for the Com.

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

OPINION

SAYLOR, Justice.

These are consolidated direct appeals from death sentences imposed after a jury found co-defendants, Carolyn King and Bradley Martin, guilty of first-degree murder and related offenses. We affirm.

On September 15, 1993, Martin, who was serving a sentence at the Lebanon County Correctional Facility as the result of a parole violation, obtained a two-hour visitation pass and left the prison. He met King, with whom he was romantically involved, and failed to return to prison as required. Instead, the two traveled to Palmyra, Pennsylvania, where they called upon Guy Goodman, with whom Martin was acquainted. Mr. Goodman, who was seventy-four years old, had written, telephoned and visited Martin in prison, identifying himself as Martin's friend.1

At some point, Martin and King had decided to obtain money from Mr. Goodman, and apparently they were prepared to use force. Soon after their arrival at Goodman's home, Martin hit Goodman over the head with a vase from the hallway, and the pair then bound Goodman's wrists, ankles and neck in such a manner that he could not extricate himself. They then wrapped a bathrobe around Goodman's head, placed a plastic bag over it, sealed the bag with duct tape, and wrapped a bedspread over the bag. Finally, they carried Goodman into the basement, tying him more securely and leaving him to suffocate.

Martin and King then stole Mr. Goodman's checkbook and credit card and drove away in his car. After several brief visits with friends in Pennsylvania, the couple fled across the country in Goodman's car, using his checks and credit card to pay their expenses. They were ultimately apprehended in Arizona, at which time King was advised of her rights and gave a statement to federal law enforcement officials, inculpating herself and Martin in Goodman's murder. King later reiterated her inculpatory statement to Lebanon County detectives who were investigating Goodman's death. While in custody in Arizona, Martin was interrogated by Lebanon County detectives, who gave him Miranda warnings. After signing a form stating that he waived his rights, Martin inculpated himself in the robbery and murder. Subsequently, Martin made an additional statement to a corrections officer at the Lebanon County Prison, admitting that he had killed Goodman.

Martin and King were charged with Goodman's murder and proceeded to a joint trial. Prior to trial, both defendants filed motions for severance, which the trial court denied. Additionally, Martin filed a motion to suppress his incriminating statement to the Lebanon County detectives, asserting that he had been under the influence of drugs at the time he gave the statement. The trial court denied the motion. Martin chose not to testify at the jury trial that followed, but King testified on her own behalf, and her tape-recorded inculpatory statement was played for the jury. At the conclusion of the guilt phase, the jury found both defendants guilty of first-degree murder, aggravated assault, robbery, theft by unlawful taking, flight to avoid apprehension, escape and conspiracy.

Trial proceeded to the penalty phase, during which the Commonwealth presented two aggravating circumstances with respect to both defendants: perpetration of the homicide during the commission of a felony, 42 Pa.C.S. § 9711(d)(6), and commission of the offense by means of torture, 42 Pa.C.S. § 9711(d)(8). In support of the aggravating circumstance at subsection (d)(6), the prosecutor reminded the jury that it had convicted both defendants of robbery, which is a felony, and that the killing had occurred during the commission of the robbery. In support of the aggravating circumstance at subsection (d)(8), the prosecutor introduced the videotaped testimony of Dr. Isadore Mihalikis, a forensic pathologist.

The Commonwealth also presented evidence in support of the aggravating circumstance of a significant history of felony convictions involving the use or threat of violence to the person, 42 Pa.C.S. §9711(d)(9), with respect to Martin. In support of this aggravating circumstance, the Commonwealth introduced evidence of Martin's five prior burglary and criminal trespass convictions.

Martin and King both presented evidence in support of the following mitigating circumstances: their ages at the time of the crime, 42 Pa.C.S. §9711(e)(4), and other evidence of mitigation concerning their character and records and the circumstances of the offense, 42 Pa.C.S. §9711(e)(8). King presented additional evidence in support of the mitigating circumstance that her participation in the homicidal act was relatively minor, 42 Pa.C.S. § 9711(e)(7). Both Appellants sought to present evidence and argument concerning the character of a life sentence in Pennsylvania; however, the trial court sustained the Commonwealth's objection to such evidence and argument and declined to provide any instruction.

At the conclusion of the penalty phase, the jury found that all of the aggravating circumstances presented with respect to each defendant had been established, and found no mitigating circumstances for either defendant. Accordingly, death sentences were imposed. These consolidated appeals followed.

SUFFICIENCY OF THE EVIDENCE

Although Martin and King ("Appellants") do not challenge the sufficiency of the evidence, this Court is required to conduct an independent review of the sufficiency of the evidence supporting a first-degree murder conviction in all capital cases. Commonwealth v. Zettlemoyer, 500 Pa. 16, 26-27 n. 3, 454 A.2d 937, 942 n. 3 (1982), cert. denied, 461 U.S. 970, 103 S.Ct. 2444, 77 L.Ed.2d 1327 (1983). In conducting this review, we must view the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the Commonwealth as the verdict winner and determine whether the jury could have found every element of the crime to have been proven beyond a reasonable doubt. Commonwealth v. Michael, 544 Pa. 105, 110, 674 A.2d 1044, 1047 (1996).

To prove first-degree murder, the Commonwealth must demonstrate that the defendant acted with a specific intent to kill, that a human being was unlawfully killed, that the defendant committed the killing, and that the killing was done in an intentional, deliberate and premeditated manner. 18 Pa.C.S. §2502(d); Commonwealth v. Mitchell, 528 Pa. 546, 550, 599 A.2d 624, 626 (1991). Circumstantial evidence can itself be sufficient to prove any element or all of the elements of criminal homicide. Commonwealth v. Cox, 546 Pa. 515, 528-29, 686 A.2d 1279, 1285 (1996), cert. denied, ___ U.S. ____, 118 S.Ct. 567, 139 L.Ed.2d 407 (1997).

Here, the evidence adduced at trial established that the cause of Goodman's death was asphyxiation, which resulted from his head being encased in layers of wrappings while he was bound and unable to extricate himself. A neighbor who discovered the body testified that there were signs that a struggle had occurred in the victim's home. Further examination of the home by the police revealed that the upstairs had been ransacked, and Martin's fingerprints were found on currency that had been left in the victim's bedroom. Both King's and Martin's fingerprints were found on pieces of duct and masking tape that were left in the home, as well as on a glass and a bowl of peanuts in the kitchen. Handwriting on checks that were drawn on the victim's bank account matched that of King, and a number of store clerks identified King and Martin as the individuals who had presented the victim's credit card or checks to them as payment. When King and Martin were apprehended, Martin was in possession of Mr. Goodman's credit card, and blank checks found in Goodman's abandoned vehicle bore the fingerprints of both defendants. Additionally, King confessed to both federal agents and Lebanon County detectives, implicating herself and Martin in the murder. Martin also confessed to Lebanon County detectives, as well as to a Lebanon County corrections officer, admitting that he had hit Goodman over the head with a vase and that he had tied up Goodman "real good."

Thus, the evidence in this case is clearly sufficient to support the convictions of first-degree murder, and we now turn to the issues raised by Martin and King in their appeals.

GUILT PHASE

Appellants' first argument arising from the guilt phase of trial is their claim that the trial court erred in denying their motions for severance. Appellants emphasize that their defenses were mutually antagonistic, in that they each contended that the other manipulated him or her into participating in the crimes. Thus, Appellants argue, the consolidation of their trials was prejudicial, because the jury's acceptance of one defendant's defense would necessarily have required it to reject the other's defense and convict that defendant.

Pennsylvania Rule of Criminal Procedure 1127 provides that defendants charged in separate indictments may be tried together if they are alleged to have participated in the same acts constituting the offenses charged. Pa.R.Crim.P. 1127(A)(2). However, Rule 1128 provides that separate trials may be ordered if it appears that any party may be prejudiced by a joint trial. Pa.R.Crim.P. 1128. The decision whether to sever the trials of co-defendants resides within the sound discretion of the trial court and will not be...

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