Com. v. Wilson

• Decision Date: 27 February 1996
• Citation: 672 A.2d 293,543 Pa. 429
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Harold C. WILSON, Appellant.
• Court: Pennsylvania Supreme Court

Page 293

672 A.2d 293

543 Pa. 429

COMMONWEALTH of Pennsylvania, Appellee, v. Harold C. WILSON, Appellant.

Supreme Court of Pennsylvania.

Argued Oct. 23, 1995.

Decided Feb. 27, 1996.

James S. Bruno, Philadelphia, Harold Wilson, for Appellant.

Catherine Marshall, Alan Sacks, Philadelphia, Robert A. Graci, Attorney General's Office, Harrisburg, for Appellee.

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

OPINION

ZAPPALA, Justice.

On October 4, 1989, a jury convened in the Court of Common Pleas of Philadelphia County convicted Appellant, Harold C. Wilson, of three counts of first degree murder, 18 Pa.C.S. § 2501; and possession of an instrument of a crime, 18 Pa.C.S. § 907. Following the jury's pronouncement of its verdict of guilt, a sentencing hearing was conducted in accordance with 42 Pa.C.S. § 9711. The jury found that there was one aggravating circumstance, a murder committed before or at the same time as another murder, 42 Pa.C.S. § 9711(d)(11), and no mitigating circumstances, thereby imposing the death penalty for each murder conviction. Appellant was then formally sentenced to death and to a concurrent term of one to two years imprisonment on the possession of an instrument of a crime conviction. Direct appeal from the judgments of sentence of death was taken to this Court pursuant to 42 Pa.C.S. § 9711(h).

A review of the record reveals that on April 10, 1988, at 10:17 a.m., as a result of a radio call, the Philadelphia police went to 1516 South Stillman Street in Philadelphia. Upon their arrival, the police discovered three bodies which were lying in the hallway and in the front and rear bedrooms. The front and rear doors and windows did not show any damage or evidence of forced entry.

The body in the hallway was identified as Dorothy Sewell and was found lying face down with multiple injuries. There was blood splattered around Sewell, and a large butcher knife with blood on its blade was found next to the body. In the rear bedroom, the police found the body of Tyrone Mason. Mason was lying on his back with gaping wounds to the neck and multiple injuries to his legs and arms. The police then found the body of Cynthia Goines-Mills in the second floor front bedroom. Goines-Mills was lying face down with multiple deep chop wounds to the left side of her face. Goines-Mills's left thumb was severed from her body.

At trial, the Commonwealth presented the testimony of Rachel Mason Stevens, who testified that her aunt, Sewell, her cousin, Mason, and her grandfather resided at 1516 South Stillman Street. Stevens testified that on April 9, 1988, at approximately 2:00 p.m., she went to 1516 South Stillman Street and that Appellant, Mason and Sewell were there. Stevens also testified that Sewell remained asleep in the front bedroom and got up occasionally to sell drugs. According to Stevens, Goines-Mills arrived at some point in the afternoon and she, Mason, and Goines-Mills spent the rest of the day and evening smoking cocaine. At some point Stevens observed Sewell with an envelope containing $150.00 in bills. Stevens testified further that during the course of the evening, she was looking for matches when she observed a hatchet in Mason's bedroom. Stevens remained at 1516 South Stillman Street until 4:00 a.m. on Sunday, April 10, 1988. When Stevens left, Sewell was asleep in the front bedroom, Goines-Mills and Appellant were asleep on couches, and Mason was entering the home after working on his car outside. Stevens returned to 1516 South Stillman at 10:00 a.m., found the bodies and called police.

The Commonwealth also called Vernon Gillespie, who testified that during the early morning hours of Sunday, April 10, 1988, he was present at 1516 South Stillman Street. Gillespie testified that he shared drugs with Stevens, Mason, Goines-Mills and Appellant. At some point, Gillespie stated, they attempted to collect money among themselves to purchase more drugs and Appellant indicated that he did not have any money. Gillespie testified that he went home around 3:00 a.m. on Sunday, April 10, 1988.

Robin Dyson, a friend of Appellant, testified that on April 10, 1988, Appellant arrived at his home at 8:30 a.m. and left at approximately 11:30 p.m. Dyson observed a cut on Appellant's hand. During the day, Appellant gave Dyson $30.00 from a brown envelope that contained money. Dyson then purchased drugs which Dyson, Dyson's wife and Appellant smoked. Appellant's brother joined them that day. Dyson also testified that Appellant had in his possession two bags, which were identified at trial as belonging to one of the victims.

A police investigation of the area surrounding 1516 South Stillman Street disclosed the hatchet which had been seen in Mason's bedroom. The hatchet, which was found in a sewer a half block from the crime scene, had dried blood and matted hair particles on the blade. Subsequently, the police obtained a search warrant for Appellant's mother's home where they found and seized Appellant's bloodstained jacket and slacks from his basement bedroom. The police obtained a second search warrant for the home of Appellant's girlfriend, Tanya Tindal, where they recovered a tan shoulder bag and brown suitcase.

At trial, Louis Brenner, a forensic instrumentation specialist for the Philadelphia police department, testified that he conducted blood typing tests on various items of evidence. On the handle of the hatchet, Brenner found human blood types A and B. The tip of the butcher knife had human blood type A. Appellant's jacket had human blood type A on the sleeve and type B on the back. Brenner also testified that Goines-Mills had blood type B and Mason had blood type A.

Finally, Dr. Jonathan Briskin, a Philadelphia assistant medical examiner, testified that he conducted post-mortem examinations of Sewell, Goines-Mills and Mason. It was his conclusion that the manner of these deaths was homicide and that the hatchet and knife recovered by police were consistent with the wounds that he found on all three bodies.

Appellant's first argument is that there was insufficient evidence to convict him of first degree murder because the testimony of the witnesses indicated that he spent the evening smoking cocaine. Therefore, due to his intoxicated condition, it was impossible for him to form a specific intent to kill.

When reviewing a sufficiency of the evidence claim, an appellate court, viewing all the evidence and reasonable inferences therefrom in the light most favorable to the Commonwealth as verdict winner, must determine whether the evidence was sufficient to enable the factfinder to find that all of the elements of the offenses were established beyond a reasonable doubt. Commonwealth v. Burgos, 530 Pa. 473, 476, 610 A.2d 11, 13 (1992).

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). The element which distinguishes first degree murder from all other degrees of criminal homicide is the presence of a willful, premeditated and deliberate intent to kill. This essential element of intent may be proven by circumstantial evidence. Commonwealth v. Williams, 455 Pa. 539, 316 A.2d 888 (1974).

Evidence of intoxication or drug use does not of itself negate otherwise sufficient evidence of specific intent. Commonwealth v. Stoyko, 504 Pa. 455, 475 A.2d 714 (1984), cert. denied, 469 U.S. 963, 105 S.Ct. 361, 83 L.Ed.2d 297 (1984). Instead, a defendant claiming use of such intoxicants must be overwhelmed or overpowered by them to the point of losing control over his/her faculties. Commonwealth v. Edmiston, 535 Pa. 210, 634 A.2d 1078 (1993).

The record clearly supports Appellant's claim that he was smoking cocaine during the evening prior to this incident. However, there was no evidence introduced that Appellant's drug use before the murders caused him to lose control of his faculties. ¹ Based on this record, there was sufficient evidence for the jury to have determined that all of the elements of murder of the first degree were established beyond a reasonable doubt. ²

Appellant's next argument is that trial counsel was ineffective for failing to call character witnesses on his behalf. Specifically, Appellant claims that his family members, who were present at trial, would have testified as to his good reputation for being a nonviolent person. Additionally, Appellant contends that trial counsel was ineffective for not calling his brother Jonathan Wilson, who would have testified that the injury to Appellant's hand was received while moving furniture.

The Commonwealth responds that other than Jonathan Wilson, Appellant fails to identify the supposed witnesses or even allege that he informed counsel of their existence and what they would have said.

The standard for reviewing an ineffectiveness claim is well settled:

The threshold inquiry in ineffectiveness of counsel claims is whether the issue/argument/tactic which counsel has foregone and which forms the basis for the assertion of ineffectiveness is of arguable merit; for counsel cannot be ineffective for failing to assert a meritless claim. Once this threshold is met we apply the 'reasonable basis' test to determine whether counsel's chosen course was designed to effectuate his client's interests. If we conclude that the particular course chosen by counsel had some reasonable basis, our inquiry ceases and counsel's assistance is deemed effective. If we determine that there was no reasonable basis for counsel's chosen course then the accused must demonstrate that counsel's ineffectiveness worked to his prejudice. The burden of establishing counsel's ineffectiveness is on the appellant because counsel's stewardship of the trial is presumptively effective. [citations omitted].

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