Commonwealth Of Pa. v. Bradford
| Decision Date | 04 August 2010 |
| Citation | 2 A.3d 628 |
| Parties | COMMONWEALTH of Pennsylvania, Appellant v. David L. BRADFORD, Appellee. |
| Court | Pennsylvania Superior Court |
OPINION TEXT STARTS HERE
COPYRIGHT MATERIAL OMITTED.
Michael W. Streily, Deputy District Attorney, Pittsburgh, for Commonwealth, appellant.
Matthew Debbis, Pittsburgh, for appellee.
The Commonwealth appeals the trial court's order dismissing the charges against David Bradford due to a violation of Pa.R.Crim.P. 600(A)(3). 1 We affirm the dismissal.
Facts
The record reveals the following facts. On September 24, 2008, the Commonwealth filed a criminal complaint against Bradford. On October 9, 2008, a preliminary hearing was held. An Assistant District Attorney (“A.D.A.”) represented the Commonwealth at that hearing. At the conclusion thereof, the case was held for trial. The Commonwealth did not diary this case or keep any type of record in order to track it for purposes of Rule 600.
On October 9, 2009, 380 days after the complaint date, Bradford filed a motion under Pa.R.Crim.P. 600(G). 2 Therein, he asked the trial court to dismiss this case because more than 365 days had passed since the filing of the complaint and the Commonwealth had not yet brought him to trial. The trial court then convened a hearing on Bradford's request. At that hearing, the Commonwealth made the claim that it did not know this case existed until Bradford filed his aforesaid motion. When reminded by the trial court that an A.D.A. had been present at the preliminary hearing, the Commonwealth's response was that the A.D.A. routinely handled multiple cases at more than one district justice on a weekly basis. The Commonwealth then argued it does not begin monitoring cases for purposes of timely prosecution until the district justice presiding over the preliminary hearing forwards the relevant case paperwork to the Allegheny County Department of Court Records and the Department, in turn, transmits certain paperwork and/or an electronic notice to the District Attorney's Office. Upon receipt of the paperwork and/or notice from the Department, the Commonwealth then begins tracking its cases. Thus, the Commonwealth asserted that its system for complying with Rule 600 is to rely on district justices and the Department of Court Records to transmit information timely and, after the district justices and the Department transmit the information, to start monitoring prosecutions for purposes of Rule 600.
The Commonwealth further asserted it did not receive any paperwork or other notice in this case and was therefore not to blame for the failure to bring Bradford to trial. 3 Part of the Commonwealth's argument was the proposition that its decision to rely on the district justice and the Department of Court Records for the proper, timely transmittal of paperwork/notice constituted sufficient due diligence by the Commonwealth so as to satisfy its Rule 600 duty.
Also during the aforesaid hearing, the Commonwealth contended Bradford had some type of obligation to complain at an earlier date about the stagnancy of the prosecution against him. The Commonwealth's position was that, had Bradford complained at an earlier date, the Commonwealth would have known about this case and would have been able to prosecute Bradford in a timely manner.
After the hearing on Bradford's motion, the trial court took the matter under advisement and, later, issued findings of fact and an order granting the motion to dismiss. Essentially, the court's findings and order indicated that more than 365 days from the filing of the complaint had elapsed and were attributable to the Commonwealth, that the Commonwealth had not exercised due diligence in attempting to bring Bradford to trial and that the circumstances occasioning the failure to bring Bradford to trial were not beyond the Commonwealth's control.
The Commonwealth then filed this timely appeal. Herein, the Commonwealth argues it acted with due diligence under Rule 600 by relying on the district justice and/or the Department of Court Records to transmit the appropriate information to the District Attorney's Office and, therefore, the Commonwealth's failure to bring Bradford to trial within 365 days of the complaint should be excused. Additionally, the Commonwealth suggests Bradford is accountable for some or all of the elapsed time because he did not, at some earlier date, notify the trial court or the Commonwealth that the Commonwealth was not proceeding with the prosecution against him.
Legal Principles
Rule 600 provides, inter alia, that a defendant on bail is entitled to have trial commence no later than 365 days after the complaint date. Pa.R.Crim.P. 600(A)(3). When computing the number of pretrial days attributable to the Commonwealth under this rule, certain delays are excluded, such as those occasioned by defense postponements, by express defense waivers of Rule 600, by the unavailability of the defendant or defense counsel, and/or by the fact that the defendant could not be located and apprehended. Pa.R.Crim.P. 600(C).
At any time before trial, a defendant may move for dismissal of the case if Rule 600 has been violated. Pa.R.Crim.P. 600(G). However, even when the defendant has not been tried within the aforesaid 365 days, and even when those days appear to be attributable to the Commonwealth, a Rule 600 motion shall nevertheless be denied if the Commonwealth proves that it acted with due diligence in attempting to try the defendant timely and that the circumstances occasioning the delay were beyond the Commonwealth's control. Commonwealth v. Frye, 909 A.2d 853, 858 (Pa.Super.2006); Pa.R.Crim.P. 600(G). Thus, if the Commonwealth establishes it acted with due diligence and shows the delay in question was beyond the Commonwealth's control, the delay is excusable. Frye, 909 A.2d at 858.
Due diligence is a fact-specific concept to be determined on a case-by-case basis. Commonwealth v. Ramos, 936 A.2d 1097, 1102 (Pa.Super.2007). While due diligence does not demand perfection, it does require the Commonwealth to put forth a reasonable effort. Id. For example, due diligence requires the Commonwealth to employ a record-keeping system to keep track of its cases so that they are prosecuted within the time requirements of the law. Commonwealth v. Browne, 526 Pa. 83, 584 A.2d 902, 906 (1990). The failure to employ a diary or other record-keeping system shows a lack of due diligence. Id.
Additionally, the Commonwealth's duty to be diligent exists throughout all stages of a case. Commonwealth v. Hawk, 528 Pa. 329, 597 A.2d 1141, 1145 (1991). Thus, the Commonwealth cannot “carelessly linger in the early stages” of a prosecution. Commonwealth v. Kearse, 890 A.2d 388, 393 (Pa.Super.2005). Indeed, Rule 600 makes plain that the time period for bringing a case to trial begins to run on the day the complaint is filed, not at some later point in the prosecution. Pa.R.Crim.P. 600(A). Also, the duty to ensure that a case is timely tried rests with the Commonwealth, not with any other office or entity. Kearse, 890 A.2d at 392-93.
When this Court reviews a trial court's ruling under Rule 600, we are required to view the facts in the light most favorable to the party that prevailed on the Rule 600 motion. Commonwealth v. Williams, 876 A.2d 1018, 1020 (Pa.Super.2005). Moreover, we must review the trial court's order under an abuse-of-discretion standard. Id. An abuse of discretion is not a mere error in judgment but, rather, involves bias, ill will, partiality, prejudice, manifest unreasonableness, or misapplication of law. Commonwealth v. Hacker, 959 A.2d 380, 392 (Pa.Super.2008).
Analysis
There is no dispute in this case concerning the amount of time that passed after the filing of the complaint. The Commonwealth acknowledges Bradford was not tried within 365 days of the complaint date. Also, none of the elapsed time is excludable under Pa.R.Crim.P. 600(C). In this vein, we note this case does not involve any defense postponements, defense waivers of Rule 600, periods wherein the defense was unavailable, or periods wherein Bradford could not be located and apprehended.
Nevertheless, the Commonwealth's brief implies Bradford should somehow be accountable for some of the delay. More specifically, the Commonwealth comments no fewer than four times in its brief that Bradford failed to alert the trial court or anyone else about the delay in his case. Thus, although the Commonwealth also states that Bradford had no duty to ensure he was brought to trial in a speedy fashion, the Commonwealth nevertheless suggests Bradford should somehow be responsible for some or all of the elapsed time. This suggestion is wrong. The duty to adhere to Rule 600 rested with the Commonwealth, not Bradford. Bradford did not have an obligation to tell the Commonwealth that the Commonwealth was not proceeding with its case against him. As such, to whatever extent the Commonwealth may be contending some or all of the delay in this case is excludable because Bradford did not complain earlier about the dormancy of the prosecution, that contention is frivolous.
Accordingly, all the time in question appears to be attributable to the Commonwealth. We must therefore consider whether any of that time is excusable. We recall the Commonwealth kept no record of this matter in order to track it for purposes of Rule 600. Indeed, after filing the complaint and appearing at the preliminary hearing, the Commonwealth took no action whatsoever until Bradford sought dismissal of the charges. The Commonwealth, though, argues some or all of the elapsed time is excusable because the Commonwealth could not control the district justice's office or the Department of Court Records so as to ensure the proper case information was transmitted at the appropriate time in order that the Commonwealth could then begin to monitor the case for purposes of Rule 600. This argument, of...
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