Com. v. Showers

• Decision Date: 20 June 1996
• Citation: 452 Pa.Super. 135,681 A.2d 746
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Judy Ann SHOWERS, Appellant.
• Court: Pennsylvania Superior Court

Page 746

681 A.2d 746

452 Pa.Super. 135

COMMONWEALTH of Pennsylvania, Appellee, v. Judy Ann SHOWERS, Appellant.

Superior Court of Pennsylvania.

Argued April 25, 1996.

Filed June 20, 1996.

William Costopoulos, Lemoyne, for appellant.

Anthony J. Rosini, Assistant District Attorney, Shamokin, for Commonwealth, appellee.

Before McEWEN, President Judge, SAYLOR, and MONTEMURO, JJ. ^* .

MONTEMURO, Judge*:

This appeal arises from Appellant Judy Ann Showers' conviction for first degree murder following a jury trial before the Honorable Barry F. Feudale of the Court of Common Pleas of Northumberland County. The mandatory sentence of life imprisonment was imposed. Now represented by new counsel, Appellant brings this appeal. We affirm.

On September 2, 1992, state police Trooper Robert McBride responded to the scene of an apparent suicide at the residence of Appellant and her husband, Delbert Showers, whose body was found lying on their couch. Norman Showers, the deceased's brother, had already arrived on the scene and discovered what appeared to be a suicide note under the body. The note explained the deceased's reasons for committing suicide and what drugs he took to accomplish it. The deceased died of an oral overdose of a mixture of Serax, an anti-depressant drug, and liquid morphine. The Serax was obtained by prescription, while the morphine had been taken from Helen Wolfe, a friend of the Showers and the former lover of the deceased.

On the day of her husband's death, Appellant, a licensed practical nurse, had been alone in the house with him. During Trooper McBride's investigation, the police determined that the note was not written by the deceased. In February of 1993, Trooper McBride again interviewed Appellant who admitted that she wrote the note because she feared she would be accused of killing her husband. Based upon inconsistencies in her story and other information which she provided, Appellant was charged with first degree murder.

At trial, the Commonwealth introduced evidence of Appellant's motive for the killing. At the time of his death, the deceased was romantically involved with Sylvia Knecht, the younger sister of Helen Wolfe. Appellant knew of this affair. Years earlier, Appellant had also discovered his affair with Helen Wolfe. In addition, there was evidence that Appellant herself had in the past been involved in extramarital relations. There were also indications of a financial motive, evidence to the effect that although the deceased was financially well-off, he was "tight" with money.

Appellant attempted to establish that the death was a suicide by evidence that the deceased had sought treatment for depression in the past, and that he had discussed suicide.

After a one-week trial, the jury found Appellant guilty of murder in the first degree. On appeal, Appellant raises eight issues, which have been edited for clarity:

1. Was the evidence insufficient to sustain the verdict because the Commonwealth failed to prove beyond a reasonable doubt that Delbert Showers was murdered by Appellant as opposed to having committed suicide or, alternatively, was the verdict against the weight of the evidence?

2. Did the trial court err in permitting the Commonwealth to introduce evidence of Appellant's bad reputation for truthfulness?

3. Was trial counsel ineffective for not extensively cross-examining Dr. John Hume, the Commonwealth's expert witness, who testified that the deceased was not a suicide risk?

4. Did the trial court err in admitting allegedly irrelevant, remote, and highly prejudicial evidence that Appellant had instructed Diane Showers, Appellant and the deceased's daughter, to administer medication to the deceased without his knowledge several years before his death?

5. Did the trial court err in denying a motion for a mistrial when Trooper McBride testified that he felt there was a reasonable doubt that the deceased committed suicide?

6. Did the trial court err in: a) allowing the Commonwealth to grant limited use immunity to Diane Showers solely to impeach her testimony by a later witness; b) allowing the Commonwealth to treat her as a hostile witness; c) limiting the cross-examination of her to matters granted in the use immunity; and d) not compelling the Commonwealth to give full use immunity for all her testimony or preclude her from testifying pursuant to her invocation of her right against self incrimination?

7. Did the trial court err in allowing Janette Andrews to testify when she was called only to impeach Diane Showers and her testimony, which was hearsay, went beyond the scope of the offer of proof and the grant of immunity?

8. Did the trial court err in allowing the Commonwealth to cross-examine the defense forensic psychiatrist concerning a report that the deceased discovered that Appellant was having an affair in the mid-1970's?

1. Sufficiency and Weight of the Evidence

Appellant's first point of error is that the evidence was insufficient to sustain a first degree murder conviction. She points to evidence that the deceased had a long history of chronic depression; had been hospitalized and under medical treatment for depression; had told several people shortly before his death that he intended to commit suicide; and was a high risk to commit suicide according to a forensic psychiatrist.

In examining a sufficiency of evidence claim, we must determine whether the evidence and all reasonable inferences from it, viewed in a light most favorable to the Commonwealth as verdict winner, were sufficient to establish all the elements of the crimes charged beyond a reasonable doubt. Commonwealth v. Zimmick, 539 Pa. 548, 554, 653 A.2d 1217, 1220 (1995). To prove murder in the first degree, the Commonwealth must show that a human being was unlawfully killed, that the accused committed the killing, and that she did so in an intentional, deliberate, and premeditated manner. Commonwealth v. Paolello, 542 Pa. 47, 63-65, 665 A.2d 439, 448 (1995). The key element distinguishing first degree murder from other degrees of criminal homicide is the presence of a willful, premeditated, and deliberate intent to kill. Id.

Within this first issue, Appellant also challenges the weight of the evidence. The weight of the evidence is exclusively for the finder of fact who is free to believe all, some, or none of the evidence. Commonwealth v. Simmons, 541 Pa. 211, 229, 662 A.2d 621, 630 (1995), cert. denied, --- U.S. ----, 116 S.Ct. 945, 133 L.Ed.2d 870 (1996). In addition, questions of credibility of witnesses are within the factfinder's exclusive province. Id. We will only reverse a verdict if it is so contrary to the evidence to shock our sense of justice. Id.

In addressing this issue, the trial court Opinion thoroughly examines the evidence supporting the first degree murder conviction. Therefore, to that extent, we adopt its Opinion as our own. After reviewing the parties' respective briefs, the record and notes of testimony, and the trial court's Opinion, we hold that there was sufficient evidence to convict Appellant of first degree murder. Furthermore, we hold that the verdict was not against the weight of the evidence as it does not shock our sense of justice.

In response to Appellant's contention that trial counsel was ineffective for not raising a weight challenge before the trial court, we note that the contention is moot because the trial court did address the weight of the evidence.

2. Evidence of Appellant's Reputation for Truthfulness

Appellant's second issue is that the trial court erred in allowing the Commonwealth to present three witnesses who testified to her reputation for dishonesty. Appellant alleges three errors concerning the character evidence: first, although she testified at trial, she did not place her reputation for honesty at issue; second, the character evidence was based on remote knowledge; and third, one witness, to Appellant's prejudice, testified beyond the scope of character evidence.

The admission of evidence is a matter reserved for the trial court whose decision, absent an abuse of discretion, we will not disturb. Commonwealth v. Williams, 541 Pa. 85, 94, 660 A.2d 1316, 1321 (1995), cert. denied, --- U.S. ----, 116 S.Ct. 717, 133 L.Ed.2d 671 (1996). Appellant contends that a defendant in a criminal case does not place her reputation for honesty at issue merely by taking the stand. She alleges that the trial court had a "serious misunderstanding" of character reputation evidence in a criminal trial. However, it is Appellant who confuses the character evidence issue. The error in Appellant's argument manifests itself in her contradictory contentions that: 1) a defendant does not place her credibility at issue by testifying at trial; 2) crimen falsi convictions are admissible to impeach the credibility of a defendant who testifies; and 3) evidence of a testifying defendant's reputation for untruthfulness cannot be used to impeach credibility. Although no case directly holds that a defendant who takes the stand may have her credibility impeached by reputation evidence, a review of case law clearly indicates that such impeachment is permissible.

In Commonwealth v. Scoleri, 432 Pa. 571, 248 A.2d 295 (1968), vacated, Scoleri v. Pennsylvania, 408 U.S. 934, 92 S.Ct. 2852, 33 L.Ed.2d 747 (1972), our Supreme Court stated, "Where a defendant in a criminal case takes the witness stand in his own defense he occupies the same status as any other witness and his credibility is in issue." 432 Pa. at 579, 248 A.2d at 299; see also Leonard Packel & Anne Bowen Poulin, Pennsylvania Evidence § 608.1 (1987); 81 Am.Jur.2d Witnesses § 967 (1992). The reason is that "[i]f a defendant offers himself as a person worthy of belief, the jury has a right to know what kind of man he is--to aid in assessing his credibility." Commonwealth v. Butler, 405 Pa. 36, 47, 173 A.2d 468, 474 (1961), cert. denied, 368 U.S. 945, 82 S.Ct. 384, 7 L.Ed.2d 341 (1961).

During her...