Com. v. Rivers

• Decision Date: 01 July 1994
• Citation: 537 Pa. 394,644 A.2d 710
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Delores RIVERS, Appellant.
• Court: Pennsylvania Supreme Court

Page 710

644 A.2d 710

537 Pa. 394

COMMONWEALTH of Pennsylvania, Appellee, v. Delores RIVERS, Appellant.

Supreme Court of Pennsylvania.

Argued Oct. 20, 1993.

Decided July 1, 1994.

[537 Pa. 398] Jack M. Myers, Philadelphia, for Delores Rivers.

Catherine Marshall, Marilyn F. Murray, Philadelphia, for Com.

Robert A. Graci, Harrisburg, for Atty. Gen.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION OF THE COURT

CAPPY, Justice.

On March 15, 1989 a jury convicted appellant of murder in the first degree, robbery and possession of an instrument of crime. ¹ The following day the same jury found sufficient evidence to establish two aggravating circumstances and no evidence of any mitigating circumstances. The penalty was fixed by the jury at death. This is a direct appeal from the judgment of the sentence of death.

As appellant challenges the sufficiency of the evidence upon which her conviction of murder in the first degree is founded, we will begin our review with that issue. ² In order to prove murder of 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. Commonwealth v. Mitchell, 528 Pa. 546, 599 A.2d 624 (1991). Specific intent to kill can be proven by the use of a deadly weapon upon a vital part of the body. Commonwealth v. Butler, 446 Pa. 374, 288 A.2d 800 (1972).

The evidence of record sets forth the following scenario regarding the death of Violet Burt. Ms. Burt, a 74-year-old amputee, was last seen alive on the evening of January 29, 1988. Nathaniel Lewis, a neighbor and handy man who often did shopping and errands for Ms. Burt, was with her from 7:00 p.m. until 9:00 p.m. that evening. Mr. Lewis watched television with Ms. Burt while they made up a grocery list. When Mr. Lewis left, Ms. Burt was seated in her wheelchair at the dining room table watching television. Mr. Lewis made sure the doors were locked when he left the house. The next day, January 30, 1988, Mr. Lewis returned with Ms. Burt's groceries but received no response to his repeated knocking. At trial Mr. Lewis identified appellant as a nurse/cleaning lady whom he had seen in Ms. Burt's home prior to January 29, 1988.

Rose Bair, the daughter of Ms. Burt, testified that she went to visit her mother on the afternoon of Saturday, January 30, 1988, and discovered her mother dead, lying on the dining room floor in a pool of blood. Ms. Bair stated that her mother always kept large sums of cash in her home, ranging between five ($5,000) and seven ($7,000) thousand dollars. Upon discovering her mother's body Ms. Bair was unable to locate any cash in the places her mother normally hid the money.

Lawrence Flowers testified that in the early evening hours of January 29, 1988, the appellant, who was a friend of his, came to his house to smoke cocaine. Mr. Flowers' house was within two blocks of Ms. Burt's house. Mr. Flowers stated that the appellant ran out of money and left his home around 7:30 or 8:00 p.m. He stated that the appellant returned later that evening, at approximately 10:30 or 11:00 p.m., with a large amount of cash, primarily fifty ($50) dollar bills, which were wadded up and stuffed in her shirt. When Mr. Flowers inquired as to how she obtained the cash, appellant replied that she had robbed somebody. Appellant gave Mr. Flowers fifty ($50) dollars to say that she had been in his house all day and night if someone asked. She also gave Mr. Flowers money to purchase more cocaine for her, along with beer and cigarettes. Appellant remained in Mr. Flowers' house until 7:00 or 8:00 a.m. the next morning.

Sheila Parker testified that she was in Mr. Flowers' house smoking crack with appellant on January 29, 1988. Ms. Parker saw appellant leave Mr. Flowers' house between 7:00 and 8:00 p.m., and return some time later that evening. When appellant returned, she called Ms. Parker into the bathroom and pulled some money out of her shirt. When Ms. Parker asked appellant where the money came from, appellant stated that she had beaten and stabbed someone. Ms. Parker observed blood stains on appellant's white pants and yellow jacket. Appellant became hysterical about the blood and asked Ms. Parker to help her wipe it off. Appellant then gave Ms. Parker twenty ($20) dollars to say that appellant had been at Mr. Flowers' home all night. Appellant also asked Ms. Parker to hold her knife for her; Ms. Parker interpreted that request as a request to dispose of the knife, and refused. Ms. Parker observed that the cash on appellant was wadded up and consisted primarily of fifty ($50) dollar bills. Appellant gave Ms. Parker money to purchase cocaine for her; however, Ms. Parker stated that she was unable to obtain any cocaine at that time.

Toronna Nash testified that she saw appellant around midnight on January 30, 1988 in the bathroom of Mr. Flowers' house. She identified the white jeans and yellow jacket that appellant was wearing on January 30, 1988.

Lena Lambright testified that on the morning of January 30, 1988, she was coming home from working the night shift when Mr. Flowers saw her on the street and asked her to help him remove appellant from his house. Ms. Lambright was a friend of appellant and Mr. Flowers; she was also the niece of Ms. Burt, the decedent. Ms. Lambright helped appellant, who was acting strangely, out of Mr. Flowers' house and walked a few blocks with her. Appellant was carrying a large bag that looked like a knitting bag, from which she pulled a large knife. Appellant entered the housing projects, asking Ms. Lambright to wait for her. After waiting for some time without seeing appellant return, Ms. Lambright continued on to her own home.

Detective Walsh executed a search warrant for the residence of appellant on February 7, 1988. Among the items seized pursuant to that warrant were a pair of white jeans, a yellow jacket and a knife. Mr. Joseph McBride, a crime lab chemist, examined the items seized by Detective Walsh and discovered traces of human blood on the jacket. No blood was found on the other items, nor was the residue on the jacket sufficient for blood typing analysis.

Sharon Young, the week-end co-ordinator for Home Cross Care Services, with whom Appellant was employed as a home care nursing assistant, testified regarding her conversations with appellant on Saturday, January 30, 1988. Ms. Burt, the decedent, was one of appellant's regular patients scheduled for week-end service between noon and 2:00 p.m. on Saturday January 30, 1988. Ms. Young testified that appellant called her at 9:20 a.m. on January 30, 1988. Appellant was upset and explained to Ms. Young that she was running late and would have trouble meeting her appointments. Appellant called back at 10:00 a.m. stating that she was at Ms. Burt's house and was unable to gain admittance. According to Ms. Young's records, appellant did not service any of her clients on Saturday, January 30, 1988. However, on Sunday, January 31, 1988, appellant did keep all of her regularly scheduled Home Cross Care appointments.

Katherine Johnson testified that her aunt, Mrs. Knuckles, received service through Home Cross Care and that appellant was Mrs. Knuckles' regular home care provider. On January 30, 1988 when appellant arrived at Mrs. Knuckles' home, Ms. Johnson would not allow appellant in to care for Mrs. Knuckles. Ms. Johnson stated that appellant looked "wild" and Ms. Johnson was afraid of her. At the time of trial Ms. Johnson was unable to identify appellant.

Mildred Williams testified that her father, Frank Newman, was a client of Home Cross Care, who regularly received care from appellant. However, on January 30, 1988 appellant never arrived to care for Mr. Newman.

Appellant also worked the night shift at Norwood Nursing home in January of 1988. Appellant was scheduled to work from 11:00 p.m. until 7:00 a.m. on January 29, 1988; however, the Director of Northwood Nursing Home, Cynthia Mezico, testified that appellant never showed up that night or any night thereafter. Appellant was eventually terminated from Northwood for job abandonment.

Kenneth Truitt, Sr. was the Director of Home Cross Care Services in January of 1988. On February 1, 1988, he called appellant into his office with the intent of dismissing her for failure to meet her regular appointment schedule on January 30, 1988. Mr. Truitt never had the opportunity to fire appellant. When he asked her if she was aware of Ms. Burt's death, appellant replied "I didn't do anything to that lady." Mr. Truitt asked if she knew anything about Ms. Burt and appellant replied "it is none of your business" and walked out of Mr. Truitt's office. That was the last contact appellant had with Home Cross Care Services.

Based on the statements of Mr. Flowers and Ms. Parker, Detective Nujiannes searched the police reports and hospital emergency records for the geographic neighborhood where Mr. Flowers and Ms. Burt lived, and found no reported beatings or stabbings for the time period from 4:00 p.m. January 29, 1988 through midnight February 1, 1988. The investigation revealed only the death of Ms. Burt in that area during that time frame. The medical examiner testified that Ms. Burt's death was a homicide. The cause of death was attributable to various traumas to the head and body, multiple stab wounds and manual strangulation. The stab wounds were the result of two or three different knives. The broken pieces of one knife were discovered at the scene.

A warrant for appellant's arrest was obtained on February 7, 1988. Appellant was not in her residence when the officers arrived to execute the warrant. A diligent search was undertaken, which included placing an article in the Philadelphia Inquirer along with a picture of appellant, stating that she was wanted in connection with the investigation into the murder of ...