Com. v. Laich

• Decision Date: 17 August 2001
• Citation: 777 A.2d 1057,566 Pa. 19
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Scott A. LAICH, Appellant.
• Court: Pennsylvania Supreme Court

777 A.2d 1057

566 Pa. 19

COMMONWEALTH of Pennsylvania, Appellee, v. Scott A. LAICH, Appellant.

Supreme Court of Pennsylvania.

Argued September 12, 2000.

Decided August 17, 2001.

Pamela L. Neiderhiser, Greensburg, for S. Laich.

John Peck, Greensburg, for Com.

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

OPINION

NIGRO, Justice.

Following a jury trial, Appellant Scott A. Laich was found guilty of two counts of first degree murder¹ for the killing of his estranged girlfriend, Krista Jill Omatick, and John Eric Pistininzi on July 29, 1996. For the reasons that follow, we reverse Appellant's judgment of sentence and remand for a new trial.

Appellant and Omatick had been engaged in a relationship for approximately two years and were living together up until the week before the killings. On the evening of July 28, 1996, Appellant, who had been attempting to reconcile with Omatick, drove past her apartment and noticed that a light was on inside. He drove to a pay phone and called her and asked if he could come over to see her. Omatick declined, telling him that she was tired and was going back to sleep. Appellant continued to drive around the area of Omatick's apartment, ultimately deciding to get out of the car and approach the apartment to "see what was going on there." (N.T., 8/6/97, at 424.) As Appellant got out of the car, he retrieved a .40 caliber handgun. Upon approaching the apartment, he heard what he believed to be Omatick and a man engaged in sexual relations. At that point, according to Appellant, he "just snapped." (N.T., 8/6/97, at 425.) He forced his way into the apartment and fatally shot Omatick, who was naked, as she came down the stairs. Appellant proceeded upstairs toward the bedroom, fired a shot through the bedroom door, kicked open the door, and fatally shot Pistininzi. Appellant drove to his father's home where he called 911 and reported the crimes. The state police arrived and transported Appellant to the police barracks were he subsequently gave a statement detailing the crimes.² At trial, Appellant's defense was not that he did not perform the killings, but rather, that he was not guilty of first-degree murder. Appellant contended that he was guilty only of voluntary manslaughter because he acted in the heat of passion after hearing what he believed to be Omatick engaged in sexual relations with another man. The jury nonetheless convicted Appellant of two counts of first-degree murder and Appellant was subsequently sentenced to two consecutive life sentences. On appeal, the Superior Court affirmed Appellant's judgment of sentence.

At issue in this appeal is whether the trial court erred in admitting the testimony of Connie White, a Commonwealth witness, regarding statements Omatick made to her approximately one week prior to the shootings. During her testimony, White stated that she had the following conversation with Omatick:

Q: And what did she [Omatick] say that he [Appellant] said to her?

A: She said that he said if he couldn't have her, if—that if he ever caught her with another man, that he would kill them both.

(N.T., 8/7/97, at 553-54.)

Prior to trial, Appellant filed a motion in limine seeking to exclude White's testimony regarding her conversation with Omatick on hearsay grounds. The trial court ruled that White's testimony containing Omatick's hearsay statement was admissible because it was relevant to show Omatick's state of mind regarding her relationship with Appellant. (N.T., 8/4/97, at 71-72.) In his brief to this Court, Appellant contends that the trial court abused its discretion in admitting White's testimony because Omatick's state of mind regarding her relationship with Appellant was irrelevant in light of his defense that he committed the crimes in the heat of passion. We agree.

Questions concerning the admissibility of evidence are within the sound discretion of the trial court, and this Court will not reverse the trial court's decision absent an abuse of that discretion. Commonwealth v. Chmiel, 558 Pa. 478, 738 A.2d 406, 414 (1999), cert. denied, 528 U.S. 1131, 120 S.Ct. 970, 145 L.Ed.2d 841 (2000). Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in the statement. Commonwealth v. Puksar, 559 Pa. 358, 740 A.2d 219, 225 (1999), cert. denied, 531 U.S. 829, 121 S.Ct. 79, 148 L.Ed.2d 42 (2000). An out-of-court declaration containing another out-of-court declaration is double hearsay. Chmiel, 738 A.2d at 417. "In order for double hearsay to be admissible, the reliability and trustworthiness of each declarant must be independently established. This requirement is satisfied when each statement comes within an exception to the hearsay rule." Id. (citation omitted).

Here, White's testimony contained double hearsay because it relayed Appellant's out-of-court statement through Omatick's out-of-court statement. Appellant's statement to Omatick is not barred by the hearsay rule because a defendant's out-of-court statements fall within the party admission exception to the hearsay rule. Commonwealth v. Smith, 518 Pa. 15, 540 A.2d 246, 257 (1988). The issue in this case, therefore, is whether Omatick's statement to White satisfied the hearsay rule. Both the trial court and the Superior Court found that Omatick's statements to White met the state of mind exception to the hearsay rule and were therefore admissible.

Pursuant to the state of mind hearsay exception, where a declarant's out-of-court statements demonstrate her state of mind, are made in a natural manner, and are material and relevant, they are admissible pursuant to the exception. Commonwealth v. Collins, 550 Pa. 46, 703 A.2d 418 (1997)(citing Commonwealth v. Riggins, 478 Pa. 222, 386 A.2d 520, 525 (1978),cert. denied, 525 U.S. 1015, 119 S.Ct. 538, 142 L.Ed.2d 447 (1998)). Out-of-court declarations that fall within the state of mind hearsay exception are still subject to general evidentiary rules governing competency and relevancy. Commonwealth v. Auker, 545 Pa. 521, 681 A.2d 1305, 1319 (1996). Accordingly, whatever purpose the statement is offered for, be it to show the declarant's intention, familiarity, or sanity, that purpose must be a "factor in issue," that is, relevant. Commonwealth v. Wright, 455 Pa. 480, 317 A.2d 271, 274 (1974). Evidence is relevant if it logically tends to establish a material fact in the case, if it tends to make a fact at issue more or less probable, or if it supports a reasonable inference or presumption regarding the existence of a material fact. Commonwealth v. Johnson, 556 Pa. 216, 727 A.2d 1089, 1102 (1999),cert. denied, 528 U.S. 1163, 120 S.Ct. 1180, 145 L.Ed.2d 1087 (2000).

In the instant matter, both the trial court and the Superior Court found that Omatick's statement to White satisfied the state of mind exception to the hearsay rule because it evidenced Omatick's state of mind regarding her relationship with Appellant. We find, however, that the trial court erred in admitting White's testimony because Omatick's state of mind regarding her relationship with Appellant was irrelevant in this case.

Appellant's defense at trial was based upon the theory that he was guilty of voluntary manslaughter, a lesser degree of homicide than first-degree murder. Murder of the first degree is an "intentional killing," which is defined, in part, as a "willful, deliberate, and premeditated killing." 18 Pa.C.S. § 2502(a), (d). However, "if at the time of the killing [the defendant] is acting under a sudden and intense passion resulting from serious provocation[,]" the defendant is guilty of voluntary manslaughter. 18 Pa.C.S. § 2503(a). In both crimes, the actor commits the act with the intent to kill. However, the difference between first-degree murder and voluntary manslaughter is whether the actor committed the killings under a "sudden and intense passion resulting from serious provocation." This Court has defined "passion" as:

[A]nger and terror provided they reach a degree of intensity sufficient to obscure temporarily the reason of the person affected.... Passion, as used in a charge defining manslaughter ... means any of the emotions of the mind known as anger, rage, sudden resentment or terror, rendering the mind incapable of cool reflection....

Commonwealth v. McCusker, 448 Pa. 382, 292 A.2d 286, 289 n. 4 (1972)(citing Commonwealth v. Colandro, 231 Pa. 343, 80 A. 571 (1911)).

In Commonwealth v. Thornton, 494 Pa. 260, 431 A.2d 248 (1981), we addressed the relevancy of a homicide victim's state of mind as it related to the defendant's defense of provocation. The defendant, Thornton, was convicted of first-degree murder following his shooting of the victim. Thornton admitted killing the victim and relied upon theories of self-defense and provocation. At trial, a witness testified that the victim told the witness that he carried a gun because "the Thornton brothers were after him." Id. at 250-51. On appeal, Thornton asserted that the victim's statement was inadmissible hearsay. The Commonwealth argued in response that the victim's out-of-court statement met the state of mind exception and was relevant because it established that the victim was fearful of Thornton. Id. at 251. In rejecting the Commonwealth's contention, we held that, "the victim's state of mind was not a matter in issue in the case. It was [Thornton's] state of mind, not that of the victim, which was material to establish the degree of guilt, if any, of the charge of criminal homicide." Id.

Here, as in Thornton, what Omatick believed about the state of her relationship with Appellant was completely irrelevant to Appellant's degree of guilt. Appellant admitted killing Omatick and Pistininzi, but argued that he had only done so with provocation. In light of Appellant's defense, it was Appellant's state of mind at the time of the killings that was relevant as to whether he committed the crimes with premeditation or whether, as he claims, he...