Commonwealth v. Beasley

475 A.2d 730, 504 Pa. 485, 1984 Pa. LEXIS 240
CourtSupreme Court of Pennsylvania
DecidedApril 18, 1984
Docket81-3-457
StatusPublished
Cited by84 cases

This text of 475 A.2d 730 (Commonwealth v. Beasley) 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. Beasley, 475 A.2d 730, 504 Pa. 485, 1984 Pa. LEXIS 240 (Pa. 1984).

Opinion

OPINION OF THE COURT

FLAHERTY, Justice.

The appellant, Leslie C.X. Beasley, was convicted of murder of the first degree, and sentenced to death, in connection with an incident in 1980 in which a police officer was shot to death at a restaurant in Philadelphia. The officer had gone to the restaurant in response to a radio dispatch alerting him that a man with a gun was present there. Upon arriving at the restaurant, the officer was fatally wounded by the appellant. Pursuant to 42 Pa.C.S.A. § 9711(h), we are called upon to review the record for errors at trial, 1 and to determine whether the sentence of death should be affirmed or vacated.

I. TRIAL ERRORS

Appellant’s primary allegation is that the trial court erred in refusing to grant a mistrial when the prosecutor, during cross-examination of the only fact witness presented by the defense, discredited the veracity of the witness. Examination of the circumstances under which the discrediting comments were made, however, reveals that the comments did not warrant the grant of a new trial.

The witness in question testified that on the night of the shooting, he, appellant, and another man named “Church” were present at the restaurant, and that it was “Church” rather than appellant who shot the police officer. On cross-examination, the witness testified that after the shoot *490 ing incident he went to Georgia, where he was convicted for committing a series of robberies, for which he was sentenced to twenty years imprisonment. The following exchange then occurred.

PROSECUTOR: And that was the one for which you were sentenced for 20 years?
WITNESS: That’s the one that you told me that if I would testify against Mr. Beasley that you would help me out on the 20 years and I told you I wasn’t going to do that.
PROSECUTOR: You’re talking to me?
WITNESS: Yes.
PROSECUTOR: You say that I said that, sir?
WITNESS: Yes, sir.
PROSECUTOR: [Y]ou know that very well is an outright lie.
DEFENSE COUNSEL: I object to [the prosecutor’s] statement, testimony, and I move for a mistrial ... you have intentional prosecutorial misconduct.
THE COURT: Just a minute.
PROSECUTOR: Because I never talked to you.
THE COURT: [Prosecutor], just a minute. Please, sit down, and control yourself, will you?
You will disregard the [prosecutor’s] last statement. Motion for mistrial is denied.
Now, calm down.
PROSECUTOR: [W]hen have I talked to you? Mention one? When did I speak to you? When did I ever speak to you?
WITNESS: You spoke to me quite a few times.
PROSECUTOR: How many times____?
WITNESS: Well, you was upstairs one day talking to me about helping me out with the 20 years if I said Mr. Beasley killed the police officer. The same when you were talking to other people that was there.
*491 PROSECUTOR: Pm talking about how many times — You say that was one time I came to you? Was I alone or with someone else?
WITNESS: You were by yourself.
PROSECUTOR: No one else that you can bring? Do you want me out of this case; is that what you’re trying to do?
DEFENSE COUNSEL: I object to that statement and I move for a mistrial.
PROSECUTOR: Your honor, I will state this as an absolute fact. I have never seen him before. I’ve never seen this man before.
THE COURT: Just a minute. All right. Just a minute.
PROSECUTOR: Except at the preliminary hearing.
THE COURT: Just a minute. Now, please. Gentlemen, will you shut-up a minute? Will you? Please. Now, everybody sit down and keep quiet. Please. This is not a circus. Gentlemen, there are ways of doing this and let’s do it the proper way. I don’t like to be angry.
PROSECUTOR: Yes, sir.
THE COURT: (To the witness) You just answer questions.
THE COURT: (To the [prosecutor]) You just ask questions. No side comments, okay?
DEFENSE COUNSEL: Your Honor—
THE COURT: The motion for a mistrial is denied. The jury will disregard all of the last outburst.
PROSECUTOR: How was I going to do that?
WITNESS: You told me you had connections with the D.A.’s office down there and you could possibly give— you know, get me a lesser sentence if I would help you out. And I told you I wasn’t going to lie.
PROSECUTOR: And you’re going to — you’re saying that with a straight face, aren’t you?
*492 DEFENSE COUNSEL: I object to the comments, Judge. [Defense counsel did not, in response to this last prosecutorial comment, make another motion for a mistrial.]

Clearly, as a general rule, it is improper for a prosecutor to express his personal belief as to the credibility of a witness. Commonwealth v. Kuebler, 484 Pa. 358, 363-364, 399 A.2d 116, 118-119 (1979); Commonwealth v. Potter, 445 Pa. 284, 286-287, 285 A.2d 492, 493 (1971). Not every unwise or unwarranted remark made by counsel during the course of a trial, however, warrants the grant of a new trial. Commonwealth v. Stoltzfus, 462 Pa. 43, 61, 337 A.2d 873, 882 (1975); Commonwealth v. Goosby, 450 Pa. 609, 611, 301 A.2d 673, 674 (1973). It is axiomatic that “comments by the Commonwealth’s attorney do not constitute reversible error unless the ‘unavoidable effect of such comments would be to prejudice the jury, forming in their minds fixed bias and hostility toward the defendant so that they could not weigh the evidence objectively and render a true verdict.’ Commonwealth v. Van Cliff, 483 Pa. 576, 582, 397 A.2d 1173, 1176 (1979) (citations omitted).” Commonwealth v. Anderson, 501 Pa. 275, 461 A.2d 208, 211 (1983).

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Bluebook (online)
475 A.2d 730, 504 Pa. 485, 1984 Pa. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-beasley-pa-1984.