Com. v. Reid

• Decision Date: 30 September 2002
• Citation: 571 Pa. 1,811 A.2d 530
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Albert E. REID, Appellant.
• Court: Pennsylvania Supreme Court

811 A.2d 530

571 Pa. 1

COMMONWEALTH of Pennsylvania, Appellee, v. Albert E. REID, Appellant.

Supreme Court of Pennsylvania.

Argued November 14, 2001.

Decided September 30, 2002.

Reargument Denied December 30, 2002.

David Russell Yoder, Chambersburg, for Albert Ezron Reid.

John F. Nelson, Chambersburg, for Commonwealth.

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

OPINION OF THE COURT

Justice NIGRO.

On October 9, 1998, a jury found Appellant Albert E. Reid guilty of one count of burglary¹ and two counts of first-degree murder² for killing his estranged wife, Carla Reid, and her fourteen-year-old daughter from a previous relationship, Deidra Moore. After a penalty hearing, the jury found that the evidence supported three aggravating circumstances and one mitigating circumstance with regard to Appellant's first-degree murder conviction for the death of Carla Reid and three aggravating circumstances and one mitigating circumstance with regard to Appellant's first-degree murder conviction for the death of Deidra Moore.³ The jury then determined that for each of Appellant's first-degree murder convictions, the three aggravating circumstances outweighed the single mitigating circumstance, and therefore, returned two sentences of death against Appellant. On October 21, 1998, the Court of Common Pleas of Franklin County ("trial court") formally imposed two death sentences against Appellant.⁴ Appellant subsequently filed post-sentence motions, which the trial court denied on May 27, 1999. Appellant now appeals from the trial court's judgment sentencing him to death for both the first-degree murder of Carla Reid and Deidra Moore.⁵ For the reasons that follow, we affirm Appellant's judgment of sentence.

As Appellant has been sentenced to death, we must review the record to determine whether the Commonwealth has established the elements necessary to sustain Appellant's convictions for first-degree murder. Commonwealth v. Zettlemoyer, 500 Pa. 16, 454 A.2d 937, 942 (1982).⁶ In reviewing whether the evidence is sufficient to support a first-degree murder conviction, we must review the evidence in the light most favorable to the Commonwealth, as the verdict winner, to determine whether the jury could have found every element of the crime beyond a reasonable doubt. Commonwealth v. Rivera, 565 Pa. 289, 773 A.2d 131, 135 (2001). To convict a defendant of first-degree murder, the Commonwealth must prove beyond a reasonable doubt that the defendant intentionally killed another human. 18 Pa.C.S. § 2502(a). A defendant intentionally kills another if the killing was willful, deliberate, or premeditated. Id. § 2502(d). The Commonwealth may establish that a defendant intentionally killed another solely by circumstantial evidence, and the fact finder may infer that the defendant intended to kill a victim based on the defendant's use of a deadly weapon on a vital part of the victim's body. Rivera, 773 A.2d at 135.

Here, there was clearly sufficient evidence to support Appellant's first-degree murder convictions. The evidence adduced at trial establishes that Appellant and Carla Reid had a tumultuous relationship.⁷ According to friends and acquaintances of both Appellant and Carla, Appellant was controlling of and abusive toward Carla.⁸ Several Pennsylvania State Police troopers from Chambersburg, Pennsylvania, testified that between 1990 and 1993, they each filed charges of terroristic threats, simple assault, or harassment against Appellant, though those charges were subsequently dropped upon Carla's request.⁹ The Commonwealth also presented evidence that Carla had previously filed two Protection from Abuse ("PFA") Petitions¹⁰ against Appellant but later sought and obtained a dismissal of the Petitions.¹¹ The evidence further showed, however, that in October 1996, Carla filed a third PFA Petition against Appellant and, unlike the previous PFA Petitions she had filed, Carla did not seek a dismissal of this last Petition. Rather, on October 30, 1996, a final PFA order ("PFA order") was entered, with Appellant's consent, stating that Appellant could not have any contact with Carla or her children. This order was in effect when Carla and Deidra were murdered.

The evidence presented at trial also established that Appellant had been charged with the felony offense of aggravated indecent assault, 18 Pa.C.S. § 3125, and the misdemeanor offense of indecent assault, id. § 3126, based on allegations by Deidra that Appellant had sexually assaulted her. In August 1994, Carla brought Deidra to the Barracks in Chambersburg and the two met with Trooper Kenneth M. Stapchuck. N.T., 10/6/98, at 172. According to Trooper Stapchuck, Deidra told him that Appellant had sexually assaulted her. Id. at 173. Trooper Stapchuck informed Deidra that he would have to interview Appellant, and Deidra indicated that she wanted Carla to be present during the interview. Id. at 173-74. For more than a year, Trooper Stapchuck unsuccessfully attempted to schedule an interview with Carla and Appellant. Id. at 173-74. Finally, in December 1995, Carla advised Trooper Stapchuck that she did not want him to continue with the investigation because she believed that Deidra had fabricated the allegations. Id. at 174-75.

On July 31, 1996, Carla and Deidra returned to the Barracks. Id. at 179, 184-85. While at the Barracks, Carla told Trooper Mark Grove that she wanted to file charges against Appellant again based on Deidra's allegations in 1994. Id. According to Trooper Grove, Carla essentially told him that she had discontinued the charges in December 1995 because Appellant had stopped abusing Deidra after she spoke with Trooper Stapchuck. Id. Trooper Grove testified that Carla stated that she wanted to renew the charges initially made against Appellant in 1994 because Appellant had recently assaulted Deidra. Id. Therefore, based on the allegations initially made by Deidra in 1994, Trooper Grove filed charges of aggravated indecent assault and indecent assault against Appellant. Id. at 186, 225. Trooper Grove obtained a warrant for Appellant's arrest and arrested Appellant, and that same evening, Appellant was arraigned on the charges. Id. at 226. Two days later, Appellant was released on $10,000.00 bail subject to the conditions that he would not contact Carla or Deidra and that he would participate in a Franklin County pre-release program.

On August 12, 1996, District Justice John Wayman held a preliminary hearing regarding the charges against Appellant at which Appellant, Carla, and Deidra were present. Based on Deidra's testimony, District Justice Wayman determined that there was sufficient evidence to proceed to trial, which was scheduled for November 1996. Shortly before the scheduled trial, however, Appellant moved to continue the trial until January so that he could obtain money to hire an attorney. The trial court granted Appellant's request for a continuance and rescheduled the trial on the indecent assault charges for January 6, 1997.¹²

The evidence presented at trial further showed that following the preliminary hearing on the assault charges, Appellant not only made statements evincing his intent to kill Carla and Deidra, but also sought to purchase and eventually did purchase a gun. Tyrone Kelly, who often worked with Appellant, testified that Appellant had told him about the indecent assault charges pending against him and stated that before he would let Carla obtain all of their marital property, he would wipe Carla and Deidra out. N.T., 10/6/98, at 209. Mr. Kelly also testified that several times between October and November 1996, Appellant asked him if he would buy a gun to sell to Appellant, and he refused to do so. Id. Vonnie Trunbaugh, a friend of Appellant's, testified that Appellant visited her in the middle of November 1996 and informed her of the indecent assault charges against him. Id. at 197-98. Ms. Turnbaugh said that Appellant explained that he was innocent of the charges and that "he would kill someone before he went back to jail." Id.

Anthony Hurd testified that in November 1996, Appellant approached him on the street in Carlisle, Pennsylvania, and inquired about obtaining a gun from him. N.T., 10/8/98, at 499-500. Mr. Hurd said that he told Appellant he would look into getting a gun for Appellant but he never actually got a gun for Appellant. Id. at 500-03. According to Mary Jones, however, in December 1996, Appellant asked her if she could get him a gun and she did in fact sell him a gun and six bullets. N.T., 10/7/98, at 350-54.¹³ Ms. Jones stated that she did not know specifically what type of gun she sold to Appellant but after observing several different types of guns presented to her by the police, she thought that the gun she sold Appellant resembled a Davis Industries .380 caliber handgun. N.T., 10/8/98, at 508-10.

The evidence presented at trial also established that although Appellant was not to contact Carla pursuant to the conditions of his bail and the PFA order obtained by Carla, he nevertheless continued to do so. According to Carla's friend Candy Williams, late one night in the middle of December 1996, Carla telephoned her crying. N.T., 10/7/98, at 323. Ms. Williams testified that Carla stated that Appellant had followed her from work to the local grocery store, assaulted her as she attempted to enter the store, and threatened to kill her. Id. at 325-37. Carla further told Ms. Williams that Appellant followed her home from the store and was parked in the driveway in front of her house. Id. at 323-24, 328. Brett Wagner testified that on December 21, 1996, he went to Carla's home to deliver toys to her children and as he was entering the driveway, he saw a man sitting in a purple pick-up truck in front of the home. Id. at 333-35.¹⁴ Mr. Wagner stated that when Carla opened the door to accept the toys from him, the man from the truck approached the house and stated, "Carla, we...