Commonwealth v. Stetler
| Decision Date | 08 July 1981 |
| Citation | 431 A.2d 992,494 Pa. 551 |
| Parties | COMMONWEALTH of Pennsylvania v. James STETLER, Appellant. |
| Court | Pennsylvania Supreme Court |
Submitted Jan. 30, 1981. [Copyrighted Material Omitted]
Steven H. Serota, Philadelphia, Philadelphia County (Court-appointed), for appellant.
Robert B. Lawler, Chief, Appeals Div., Steven Cooperste Philadelphia, Philadelphia County, for appellee.
Before O'BRIEN, C. J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ. OPINION OF THE COURT
Appellant James Stetler was convicted by a jury of voluntary manslaughter and possession of an instrument of crime for his involvement in the shooting death of his next-door neighbor, Robert Mendel. On these appeals, appellant asserts a number of claimed errors in support of his contention that he should be granted a new trial. Review of the record convinces us that there is no basis for relief. Hence, we affirm.
The shooting occurred at approximately 10:30 p. m., May 7, 1977. By the Commonwealth's evidence, shortly before the shooting the victim's wife Nancy Mendel was forced from her residence and assaulted by James Horner (former husband of appellant's wife Geraldine Stetler) and Edwin Meredith (friend of the Stetlers and Horner). The Commonwealth sought to establish that, while standing on the front porch common to the Mendel and Stetler residences and waiting for police to arrive, the victim was pulled inside the Stetler residence and shot in the back several times by David Horner (son of James Horner and Geraldine Stetler) and once by appellant.
Appellant admitted that he had shot the victim, but claimed self-defense. According to appellant, the shooting occurred after the victim had burst without provocation into the Stetler residence, swinging a bat at those inside. Appellant maintained that he had used the gun only to frighten the victim.
The jury rejected the Commonwealth's charges of murder and conspiracy, and returned guilty verdicts on the charges of voluntary manslaughter and possession of an instrument of crime. Maximum consecutive sentences were imposed, totalling seven and one-half to fifteen years' imprisonment.
Appellant's first assignment of error relates to trial testimony of Philadelphia Detective Terrence Gibbs, who had immediately investigated the alleged homicide. Gibbs testified that Nicola Stetler (appellant's four year-old daughter) had told him, The trial court admitted the out-of-court statement under the "excited utterance" exception to the rule against hearsay. Appellant contends that this out-of-court statement failed to satisfy the excited utterance exception and should not have been admitted.
We agree with appellant that the out-of-court statement of Nicola Stetler should not have been admitted. Wholly absent here is the required showing that "the declarant perceived the happening which he or she is talking about." Commonwealth v. Pronkoskie, 477 Pa. 132, 139, 383 A.2d 858, 861 (1978) (). However, the record fails to disclose any basis for concluding that the out-of-court statement prejudiced appellant. Indeed, the statement supported appellant's claim of self-defense. Cf. Commonwealth v. Carr, 459 Pa. 262, 266, 328 A.2d 512, 514 (1974) (). See generally Commonwealth v. Story, 476 Pa. 391, 410, 383 A.2d 155, 164-65 (1978) ().
Appellant's second claim of error concerns the admission of a set of color photographs of the wife of the victim, taken one week after the alleged assault against her and the shooting of her husband. Examination of the record convinces us that the trial court did not commit an abuse of discretion. The photographs are not unduly inflammatory, and the Commonwealth properly introduced the photographs to confirm the wife's testimony. No relief is warranted. See, e. g., Commonwealth v. Petrakovich, 459 Pa. 511, 521, 329 A.2d 844, 849 (1974); Commonwealth v. Powell, 428 Pa. 275, 278-79, 241 A.2d 119, 121 (1968).
Appellant's third claim relates to the timing of his access to a statement Nancy Mendel had given to police. Appellant was furnished a copy of the statement during the Commonwealth's direct examination of Nancy Mendel. See, e. g., Commonwealth v. Hamm, 474 Pa. 487, 378 A.2d 1219 (1977). On the previous day of trial, appellant had been denied a copy during the Commonwealth's direct examination of the officer who took the statement. Appellant maintains that the previous day's denial precluded effective cross-examination of the officer. However, appellant fails to demonstrate that the trial court's ruling prejudiced his ability to cross-examine either Nancy Mendel or the officer taking the statement. Failure to demonstrate prejudice is fatal to appellant's claim. Compare Hamm, supra, 474 Pa. at 502, 378 A.2d at 1219 ().
Fourth among appellant's assertions of error is the claim that a police sergeant who investigate the shooting impermissibly expressed an opinion that a stair railing inside the Stetler home had been dislodged before the shooting. The sergeant, who conducted his investigation about two and one-half hours after the shooting, based his opinion on the absence of debris in the area surrounding the railing. Appellant contends that the sergeant's opinion testimony was beyond his area of expertise, and that prejudice occurred because the testimony contradicted appellant's position that the damage to the railing occurred during the incident leading to the shooting.
Like appellant, we do not believe that the sergeant's opinion related to his investigatory expertise. See Commonwealth v. Crawford, 468 Pa. 565, 364 A.2d 660 (1976). However, the record fails to disclose any defense evidence, either by way of appellant's testimony or otherwise, indicating that the victim had damaged the railing upon entry of the residence. Indeed, the only reference to dislodging of the railing appears in the undisputed testimony of a police officer who, approximately one week before the shooting, had investigated an earlier confrontation between the victim and appellant. Thus, even if the police sergeant exceeded the scope of his expertise, his testimony was merely cumulative of other properly admitted evidence and, on this record, harmless. See Commonwealth v. Story, 476 Pa. 391, 411-12 nn. 20-21, 383 A.2d 155, 165 nn. 20-21 (1978) (citing cases).
Appellant's fifth assignment of error challenges the sergeant's testimony, on Commonwealth redirect examination, that except for a statement given by co-defendant Edwin Meredith, statements of other co-defendants indicated that appellant had fired a gun. Appellant objects to this testimony again on the ground that the testimony constituted improper opinion evidence on a matter that should have been left for the jury.
On direct examination the police sergeant stated that his examination of the victim indicated that more than one weapon had been fired. Thus the sergeant had all persons present at the scene of the shooting questioned. The sergeant stated that, as a result of the questioning, all five persons at the Stetler residence at the time of the shooting, including appellant, were arrested. On cross-examination, defense counsel pursued the subject of the suspects' statements:
"Q. You recognized upon reading these reports and talking to these people that the information that they had could not possibly be accurate based on your observations and determination of more than one weapon was involved, right?
A. Are you speaking collectively? That they were all incorrect?
Q. Not necessarily all but you weren't getting the whole truth from everybody?
A. Collectively, no.
Q. I take it, therefore, that at that point you presented the other detectives, the interviewing detectives, with what you and (another officer) had found out or what you believed to be true; isn't that right?
A. That is a portion of it, yes.
Q. And after that, further interviews were conducted; is that right?
A. Yes."
From this line of questioning it is clear that the redirect testimony to which appellant objects merely confirmed the sergeant's testimony, on cross-examination, that he was aware that he had not received an accurate account from the suspects. Appellant cannot prevail on a complaint against redirect testimony which clarifies a matter which he raised on cross-examination. See McCormick on Evidence § 57 at 132 (Cleary ed. 1972).
Appellant's sixth claim challenges the Commonwealth's introduction of testimony seeking to establish the victim's reputation as a peaceful and law-abiding citizen. There is no dispute that the Commonwealth was entitled to present this evidence. Appellant's complaint goes only to the timing of the Commonwealth's presentation, contending that the evidence was improperly presented during the Commonwealth's case in chief.
It is well established that the Commonwealth cannot offer evidence of the victim's reputation unless and until the victim's reputation is put in issue by the defense. Commonwealth v. Story, 476 Pa. 391, 403, 383 A.2d 155, 161 (1978). See generally Commonwealth v. Castellana, 277 Pa 117, 121 A. 50 (1923). However, it is equally settled "that the order of...
To continue reading
Request your trial
-
Com. v. Floyd
...431 A.2d 984 ... 494 Pa. 537 ... COMMONWEALTH of Pennsylvania ... Theodore FLOYD, Appellant ... Supreme Court of Pennsylvania ... Argued Jan. 30, 1981 ... Decided July 8, 1981 ... ...