Commonwealth v. Auker

681 A.2d 1305, 545 Pa. 521, 1996 Pa. LEXIS 1514
CourtSupreme Court of Pennsylvania
DecidedJuly 31, 1996
StatusPublished
Cited by134 cases

This text of 681 A.2d 1305 (Commonwealth v. Auker) 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 v. Auker, 681 A.2d 1305, 545 Pa. 521, 1996 Pa. LEXIS 1514 (Pa. 1996).

Opinions

OPINION OF THE COURT

ZAPPALA, Justice.

The appellant, Robert Donald Auker, was convicted of murder of the first degree and kidnapping of his former wife, Lori Ann Auker, by a jury in the Court of Common Pleas of Northumberland County. At the sentencing phase, the jury returned a verdict of death. The Court of Common Pleas imposed a death sentence in addition to a consecutive sentence of ten to twenty years for kidnapping. The present direct appeal ensued. Although we affirm Appellant’s convictions, we vacate the sentence of death and remand for a new sentencing hearing.

A. Background

The events leading to the convictions in this case can be best understood in three aspects: the discovery and identification of the victim’s body; the events surrounding the disappearance of the victim; and appellant’s statements.

[532]*5321. The discovery and identification of the victim’s body

The body was discovered on a hot day, June 12, 1989, by a young woman who was walking down a dirt road near the home of her grandparents. She smelled an odor, investigated and saw a badly decomposed body clad in a jacket, jeans and sneakers. She rushed back home and her family contacted the police. Deputy Coroner Matthew Olley pronounced the body dead and the body was transported to the morgue pending the autopsy by Dr. Isidore Mihalakis, a forensic pathologist.

Dr. Mihalakis opined that the cause of death was homicide. He observed holes in the victim’s jacket that continued through the sweater underneath, which were consistent with between seven and ten knife stab wounds in the back and chest area. He concluded the wounds would have impacted the vital organs; however, since the body was essentially skeletonized at the time of the viewing, he could examine no organs because they had disappeared either from insect or decomposition activity. Dr. Mihalakis also turned over scalp hair samples to the police for analysis.

Dr. Mihalakis further confirmed the approximate date of death through the use of an entomological expert, Dr. K.C. Kim, whose specialty is the classification and identification of insects and parasites of humans and animals. Dr. Mihalakis collected samples of the various insects present on and within the corpse for analysis and Dr. Kim examined the insects.

Dr. Kim testified that the presence and relative maturity of insects allowed him to estimate the approximate time of death. He testified that different decomposition stages attract different types of insects. He also explained that ambient air temperature and physical site (open field, shaded locale or aquatic area) also affect the rate of maturity of insects. In determining the approximate decomposition period, Dr. Kim utilized a climate report from the national weather service, description of the autopsy and description of the scene where the corpse was discovered.

When Dr. Kim testified, he identified samples of the insects found on the victim. He was also shown autopsy photographs [533]*533depicting a mass of insects on the body and in the body bag. Dr. Kim concluded that accounting for the average mean temperature during the time the corpse had been missing, the maturity of the various insects present and the stages of decomposition at which certain insects would be present, the body had been decaying nineteen days to twenty-five days.

The corpse was identified as Lori Auker through dental records. Lori had been missing since May 24, 1989, and was last seen wearing clothing like that found on the corpse. Nineteen days had elapsed from the date of her disappearance until the discovery of her body on June 12,1989.

2. Events preceding the disappearance of Lori Auker

a. Notice of victim’s disappearance

Lori Auker was last seen going to work. Lori lived with her son and her two cats at the home of her parents, Richard and Ruth Auman. She had been living with them since her separation from appellant in October, 1988. At the time of Lori’s disappearance, her son was with appellant for a one-week visitation. Ruth Auman last saw Lori at 3:30 p.m. on May 24 as Lori left home, driving a brown 1976 Pontiac LeMans, for her job at a pet store near the Bon Ton entrance of the Susquehanna Mall. At 4:00 p.m., Lori’s supervisor called to ask whether Lori was coming to work. Mr. and Mrs. Auman then went to look for Lori, in case she may have had car trouble between home and the mall. When they arrived at the mall, they found Lori’s locked car parked near the entrance to her place of employment. Mr. Auman then reported to the state police that Lori was missing.

b. Prior events

The events preceding Lori Auker’s disappearance reflect that she was afraid appellant would hurt her or take away their son and that appellant was following her. Lori was divorcing appellant and was involved in a bitter child custody and support dispute with him. Two to three weeks before her disappearance, Lori’s mother had discovered two shotguns [534]*534under Lori’s bed. Lori explained they were there to protect her if appellant came while her parents were not home and tried to take her son. Lori’s friend, Mindy Eroh, also testified that Lori carried mace in her pocketbook in case appellant attacked her and that she was aware Lori kept guns under her bed.

Laurel Gehers, Lori’s work supervisor, testified that in the few weeks preceding her disappearance, Lori was afraid that appellant would hurt her. On numerous occasions during that period, appellant would appear in front of the pet store and Lori would run to the back room of the store, stating, “Bob’s here, cover for me!” She would continue to hide until he departed. Ms. Gehers stated that this behavior increased near the time of Lori’s disappearance.

Lynn Cookson, one of Lori’s co-workers, testified that Lori told her about her fear of appellant and about her guns. Close to the time of Lori’s disappearance, Ms. Cookson would help Lori leave work by watching Lori from her car because appellant would often wait for her. Lori had told Ms. Cook-son about appellant’s statement shortly before Lori’s disappearance that “if he could not have her [Lori], no one else can.” Lori had also told Ms. Cookson about the guns under her bed. And, Ms. Cookson corroborated the testimony of Ms. Gehers regarding Lori’s reaction to appellant’s appearance in front of the store.

Malcolm Derk was dating Lori and testified that he would escort her in the evening to her car because she was afraid of appellant being around. Two nights before Lori’s disappearance, Derk met her at 9:00 p.m. to walk her to her car. When Lori spotted appellant in appellant’s car next to her parked car, Lori and Derk left the mall in Derk’s car. They returned an hour later to find appellant still there. The couple then returned at 11:30 p.m. and appellant had departed.

c. Linking the disappearance to appellant

1) The 1981* Celebrity and hair in the car

Appellant’s relatives linked him to the use of his parents’ 1984 Chevrolet Celebrity on May 24, 1989. Appellant lived [535]*535with Mr. and Mrs. Donald Auker, both adoptive parents of appellant. According to Mrs. Auker, appellant drove their Celebrity on May 24 and arrived home between 5:00 and 5:30 p.m. Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
681 A.2d 1305, 545 Pa. 521, 1996 Pa. LEXIS 1514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-auker-pa-1996.