Com. v. Steele

• Decision Date: 18 December 2008
• Docket Number: No. 358 CAP.,358 CAP.
• Citation: 961 A.2d 786
• Parties: COMMONWEALTH of Pennsylvania, Appellee v. Roland William STEELE, Appellant.
• Court: Pennsylvania Supreme Court

961 A.2d 786

COMMONWEALTH of Pennsylvania, Appellee v. Roland William STEELE, Appellant.

No. 358 CAP.

Supreme Court of Pennsylvania.

Submitted March 27, 2003.

Decided December 18, 2008.

[961 A.2d 792]

Noah Matthew Geary, Esq., for Roland William Steele.

John C. Pettit, Esq., Amy Zapp, Esq., Washington County Attorneys Office, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice BAER.¹

Following a jury trial between January 10 and January 22, 1986, Appellant Roland William Steele was convicted of three counts of first-degree murder, two counts of robbery, and two counts of theft by unlawful taking. The same jury fixed the punishment at three separate death sentences for the first-degree murder convictions. On direct appeal, this Court affirmed the convictions and death sentences. See Commonwealth v. Steele, 522 Pa. 61, 559 A.2d 904 (1989). Appellant now appeals from the denial of claims raised in his PCRA petition. For the reasons contained herein, we affirm the order of the PCRA court denying Appellant relief.

The facts of this case, while long and complex, are relevant to the disposition of this case. The bodies of Lucille Horner, age 88, Minnie Warrick, age 86, and Sarah Kuntz, age 85, were found on the morning of June 22, 1985, in a secluded, wooded area off a dirt road in Cecil Township. Pursuant to the subsequent autopsy, Dr. Earnest L. Abernathy of Washington County determined that the victims were killed the previous day between 12:30 p.m. and 9:30 p.m. At Appellant's trial, Dr. Abernathy testified that Ms. Horner's injuries included significant bruising on her chin, chest, and back, damage to her heart, numerous fractures of her ribs, a fracture of her backbone, damage to her liver, and a torn larynx. Dr. Abernathy concluded that the cause of death was traumatic rupture of the heart. The autopsy of Ms. Kuntz revealed similar injuries, including bruises on her face, chest, and legs, lacerations to the scalp, fractured ribs, and damage to her heart and liver. Dr. Abernathy concluded that the cause of death was asphyxia due to a fracture of the larynx. With regard to Ms. Warrick, Dr. Abernathy testified that she also sustained bruising to the face and chest, fractured ribs, and heart damage, as well as a partially collapsed lung and blowout of the stomach wall. The cause of death for Ms. Warrick was traumatic rupture of the heart, with numerous companion injuries. Dr. Abernathy testified that the pattern of bruising was similar in all three cases, caused by substantial blunt force blows, which, in his opinion, were most likely delivered by human hands.

During the investigation, the police learned that the three victims had attended a luncheon together on Friday, June 21 at 1:00 p.m. at the Millcraft Shopping Center, and that they had driven to this event together in Ms. Horner's car, a beige four-door Dodge Dart. Mildred Stitler testified that on June 21, 1985, she observed, from her apartment window overlooking the shopping center parking lot, an elderly woman standing with a bald, well-dressed, African-American man, identified as Appellant, next to a car. She noticed Appellant pointing to the rear of the car as if something was wrong with the tire. The two got into the car, with Appellant in the driver's seat, and drove away, apparently to pick up the other two victims who were waiting for the car at another location in the shopping center. Kimberly Oyler testified that on June 21, 1985, she was at the Millcraft Shopping Center at approximately 2:15, and, as she was parking her car, she observed Appellant holding open the rear door of a vehicle (later determined to be Ms. Horner's car) as two elderly women entered the rear seat. A third witness, Harry Crothers, testified that he was personally acquainted with Ms. Horner, who was his friend's mother-in-law. Mr. Crothers owned a shop across the street from the shopping center, and observed Ms. Horner in the passenger seat of her car, with two elderly women in the back seat and Appellant driving, as the vehicle left the shopping center at about 2:30 p.m.

Joseph Klements, owner of a gas station and convenience store 1.5 miles, or a four minute drive, from where the bodies were found, testified that he observed a cream colored Dodge or Plymouth four-door sedan drive into his station between 3:00 and 3:30 p.m. on the day of the murders, June 21, 1985. Appellant got out of the car, and there were no other occupants in the vehicle. Witnesses inside the store, who identified Appellant from a photographic array, stated that he purchased some soda, and handed a child a gold-chain necklace. He left the store and drove away, heading north. Shortly thereafter, Mr. Klements observed Appellant driving the same vehicle heading south past the station. Appellant appeared a third time, between 4:00 and 4:30, when he coasted into the station with the motor off. An employee assisted Appellant in restarting the car, and he drove away. Mr. Klements identified Ms. Horner's vehicle as the car he had seen Appellant driving during his multiple stops at the service station throughout the day of the murders. Other witnesses identified the necklace Appellant gave to the child as belonging to Ms. Warrick.

Evidence was also introduced at trial concerning a burglary that occurred that day at the home of Delha Woznicak, which was located three-tenths of a mile, about a thirty second drive, from the Klements service station. Ms. Woznicak testified that her residence was broken into between 3:25 and 4:50 p.m. on June 21, 1985. She identified evidence introduced at trial as items stolen from her home, and further identified the bottom portion of a dress that she had found in her abode while cleaning up after the burglary, which Ms. Warrick's relative identified as the dress Ms. Warrick wore to the luncheon.²

At this time, Appellant resided with his girlfriend, Joan Whitlock, approximately thirty minutes from the Klements service station. Ms. Whitlock's neighbors testified that on the evening of June 21, 1985, they observed Appellant driving a beige four-door sedan, and saw him unloading from this car items later identified as belonging to the Woznicaks. When Appellant was arrested on June 23, 1985, numerous items identified as the Woznicaks' were discovered in his possession.

A white vinyl purse, identified as the property of one of the victims and containing credit cards in the name of two victims, Ms. Horner and Ms. Kuntz, was found on the grounds outside a housing project in McKees Rocks, approximately one mile from Ms. Whitlocks' residence. Ms. Whitlock's brother resided there, and testified that Appellant visited him the night of June 21, 1985. Alfred Adams testified for the Commonwealth that he grew up with Appellant, and that at one time Appellant had lived approximately 600-800 yards from where the victims' bodies were found. The Commonwealth also established that Appellant had been an instructor in martial arts, and held a black belt in karate. Further, the Commonwealth submitted expert testimony from FBI Special Agent Andrew Podolak, who testified that he examined samples of a hair found on Appellant's clothing, and determined that the hair had characteristics similar to that of Ms. Warrick's, and in his expert opinion, the hair was Ms. Warrick's.

The Commonwealth's last witness at trial was Sarah Hair. Ms. Hair testified that on June 18, 1985, three days before the murders, at approximately 6:15 p.m., she was sitting in her car in the parking lot of Chartiers Valley Shopping Center in Bridgeville when she was approached by a bald African-American man whom she identified as Appellant. Appellant told her that her car had a flat tire. Ms. Hair inspected the tire, but could see nothing out of the ordinary. Appellant was persistent, she stated, saying that he observed someone "fooling" with the tire. Appellant attempted to extract a nail from the tire, and after several minutes offered to drive Ms. Hair to a service station to have the tire repaired. She refused his offer, and attempted to drive away. Appellant, however, blocked her from driving away, then bent down and stood up holding a pair of scissors, claiming to have found them under the tire. Ms. Hair took the scissors, saying she would take them to the police. Appellant took them back, and stated that he would take them there. As a result of this incident, Ms. Hair made a complaint with the Collier Township Police.

Appellant testified on his own behalf, denying his involvement in the homicides and the Woznicak burglary. He admitted that he was in the area on June 21, 1985, to see an attorney, but that he left, returning by car to Pittsburgh at about 12:45 or 1:00 p.m. with a man known to him only as "P.I." Appellant further testified that he came to be in possession of the Woznicak's belongings after meeting with P.I. on the night of the 21st in the Hill District of Pittsburgh. Other defense evidence included defense experts who offered their opinions that the blows sustained by the victims were not the result of a karate-style attack, karate blows, or a human hand. Finally, although other witnesses testified as to Appellant's whereabouts on June 21, 1985, none were able to account for the time between 12:00 noon and 7:00 p.m.³

Following the guilt phase, trial counsel presented the testimony of two individuals at the penalty phase in support of the "catch-all mitigator:⁴" Lamont Stephens⁵ and Appellant's mother. Mr. Stephens testified that when Appellant was seventeen, he saved Mr. Stephens, then two years old, from being killed by a train. For this heroic act, Appellant received the Carnegie Hero Award. Appellant's mother likewise testified about this award and stated that her son had always been non-violent.

Following the conclusion of the penalty phase, the jury found three aggravating circumstances with respect to Ms....