Commonwealth ex rel. District Attorney of Blair County

880 A.2d 568, 583 Pa. 620, 33 Media L. Rep. (BNA) 2290, 2005 Pa. LEXIS 1723
CourtSupreme Court of Pennsylvania
DecidedAugust 15, 2005
StatusPublished
Cited by9 cases

This text of 880 A.2d 568 (Commonwealth ex rel. District Attorney of Blair County) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth ex rel. District Attorney of Blair County, 880 A.2d 568, 583 Pa. 620, 33 Media L. Rep. (BNA) 2290, 2005 Pa. LEXIS 1723 (Pa. 2005).

Opinion

OPINION

Justice CASTILLE.

This Court granted discretionary review to determine whether an autopsy report of a homicide victim, which a county’s Coroner is required to disclose to the public under the Pennsylvania Coroner’s Act (“Act”), see 16 P.S. §§ 1231-1253, can be sealed by court order at the Commonwealth of Pennsylvania’s request because of an ongoing police criminal investigation of the homicide. The trial court, finding that no authority existed to seal the autopsy report, denied the Commonwealth’s request for a permanent seal and ordered that a copy of the report be made available to appellant newspaper, The Altoona Mirror. A divided panel of the Superior Court reversed and remanded, holding that the autopsy report may be sealed beyond the statutory period, where the Commonwealth demonstrates that release of the report would substantially hinder an ongoing criminal investigation. For the following reasons, we affirm.

On or about June 21, 2001, Randall P. Buchanan was found murdered in his apartment. Currently, the murder remains unsolved and a police investigation continues. Patricia Ross, the Blair County Coroner, preliminarily classified Buchanan’s death as a homicide at the crime scene. Subsequently, Dr. Harold Cottle, a forensic pathologist, conducted an autopsy of the body and authored the autopsy [570]*570report at issue in this case. On November 20, 2001, appellant submitted a written request to Ross for the release of Buchanan’s autopsy report. However, on January 28, 2002, the Blair County District Attorney’s Office filed a petition for a preliminary injunction and protective order seeking to seal the autopsy report. In response to the Commonwealth’s petition appellant filed a motion to intervene and a motion to deny the Commonwealth’s petition. The trial court then issued a temporary injunction sealing the report pending a hearing on the issue of whether the report should remain sealed.

Following a hearing, the trial court denied the Commonwealth’s petition for a permanent seal and ordered that a copy of the autopsy report be turned over to appellant within twenty-four hours. In its opinion, the trial court found that “[tjhere is no authority in the law to keep this autopsy report under seal longer,” citing Section 1251 of the Act. Trial ct. slip op. at 5. Specifically, the trial court held that Section 1251 did not authorize sealing an autopsy report from the public’s review in order to avoid the possible effect disclosure would have on an ongoing criminal investigation. The Commonwealth filed a timely notice of appeal to the Superior Court and, additionally, requested a stay pending resolution of its appeal. The trial court granted the stay.

In a published opinion by the Honorable Richard Klein, a panel majority of the Superior Court reversed and remanded. The panel majority held that “an autopsy report may remain sealed beyond the statutory period if the Commonwealth demonstrates that the release of the report would substantially hinder an ongoing criminal investigation.” In re Randy Buchanan, 823 A.2d 147, 151 (Pa.Super.2003). The panel remanded for the trial court to determine whether the Commonwealth could demonstrate that release of the autopsy report in this case would negatively impact the ongoing homicide investigation.

In a dissenting statement, the Honorable John L. Musmanno disagreed with the panel majority’s determination that common pleas courts possessed inherent powers to seal a coroner’s report where the Commonwealth can establish that release of the report would jeopardize an ongoing criminal investigation. Judge Musmanno based his opinion on the constraints he felt were imposed by the plain language of Section 1251 of the Act, and objected to what he termed the panel majority’s “judicial engrafting” of an amendment to the statute. Id. at 154. The dissent recommended, however, that the General Assembly reconsider Section 1251 due to its possible detrimental impact on criminal investigations.

Appellant filed a petition for allowance of appeal challenging the panel’s decision that common pleas courts have the inherent power to seal an autopsy report beyond the statutory period set forth in Section 1251 of the Act in circumstances where the Commonwealth can demonstrate that release of the report would substantially hinder an ongoing criminal investigation. This Court granted alloca-tur, and we now affirm.

The claim asserted by appellant implicates statutory construction, which is a question of law; therefore, this Court’s standard of review is plenary. See Hazleton Area School Dist. v. Zoning Hearing Bd., 566 Pa. 180, 778 A.2d 1205, 1210 (2001). The polestar of statutory construction is to ascertain and effectuate legislative intent. 1 Pa.C.S. § 1921(a); see also Hannaberry HVAC v. Workers’ Compensation Appeal Board (Snyder, Jr.), 575 Pa. 66, 834 A.2d 524, 531 (2003). In following this directive, we acknowledge that “when the words of a statute are clear and free [571]*571from all ambiguity, they are presumed to be the best indication of legislative intent.” Hannaberry HVAC, 834 A.2d at 531; 1 Pa.C.S. § 1921(b). This Court is also mindful, however, that in ascertaining legislative intent, there is a presumption that the General Assembly does not intend a result that is absurd, impossible of execution, or unreasonable. 1 Pa.C.S. § 1922(1).

Section 1251 of the Pennsylvania Coroner’s Act, entitled “Official records of coroner,” provides in full:

Every coroner, within thirty (30) days after the end of each year, shall deposit all of his official records and papers for the preceding year in the office of the prothonotary for the inspection of all persons interested therein.

16 P.S. § 1251. Notably, the Act addresses itself only to the duties of coroners, and not to judicial proceedings or other matters. Under this statutory mandate, Coroner Ross was required to submit all of her official records and papers for 2001 to the Blair County prothonotary’s office by January 31, 2002. Both the trial court and the Superior Court panel relied on the prior Superior Court panel decision of In re Martin Dillon, 449 Pa.Super. 559, 674 A.2d 735 (1996), for the proposition that the phrase “all of [coroner’s] official records and papers” in Section 1251 encompasses autopsy reports. This interpretation is certainly reasonable, as the phrase “official records and papers” is broadly stated, see 1 Pa.C.S. § 1921(a),(b), and the parties do not dispute that autopsy reports are covered material. Accordingly, pursuant to this provision, Coroner Ross was required to “deposit” Buchanan’s autopsy report in the Blair County prothonotary’s office on January 31, 2002.

In interpreting Section 1251, the Superi- or Court panel majority noted that the provision contained no express exception for records connected with criminal investigations.

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Bluebook (online)
880 A.2d 568, 583 Pa. 620, 33 Media L. Rep. (BNA) 2290, 2005 Pa. LEXIS 1723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-district-attorney-of-blair-county-pa-2005.