Commonwealth v. Breakiron

571 A.2d 1035, 524 Pa. 282, 1990 Pa. LEXIS 65
CourtSupreme Court of Pennsylvania
DecidedMarch 14, 1990
Docket41 W.D. Appeal Docket, 1988
StatusPublished
Cited by81 cases

This text of 571 A.2d 1035 (Commonwealth v. Breakiron) 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. Breakiron, 571 A.2d 1035, 524 Pa. 282, 1990 Pa. LEXIS 65 (Pa. 1990).

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

Mark David Breakiron was convicted of first degree murder and robbery after a jury trial in the Court of Common Pleas, Criminal Division, Fayette County, Pennsylvania. Finding that the murder was accompanied by the aggravating circumstances of killing in the course of robbery and killing by means of torture, with no mitigating circumstances, the jury sentenced Breakiron to death. Post-trial motions were denied, and this Court assumed jurisdiction pursuant to 42 Pa.C.S. § 9711(h) and Pa.R.A.P. 1941, concerning direct appeals of death penalty cases.

The facts of this case are that during the early morning hours of March 23-24, 1987, Mark Breakiron murdered Saundra Marie Martin, an employee at Shenanigan’s Lounge, by inflicting multiple stab wounds and beating her with a blunt instrument. He removed the victim’s body along with her purse and cash from the bar. After carrying Martin’s body outside and depositing it in the bed of his pickup truck, he drove to his grandparents’ vacant house, where he took the body inside. Shortly thereafter, he attempted to hide the body in a nearby woods.

On March 24, 1987, state police were notified by the owners of Shenanigan’s that Martin was missing. Investí[286]*286gation revealed that the lounge was covered with bloodstains and that money bags containing business receipts were missing. Further investigation disclosed that Breakiron was seen alone in the bar with the victim late the previous evening after other customers left. Later that day, when police interviewed Breakiron, he voluntarily relinquished samples of what appeared to be blood from his truck and his clothing, although he did not confess to the murder. The blood samples obtained from Breakiron’s truck and clothing matched the blood type of the victim, and Breakiron was arrested. On March 25, 1987, state police discovered Martin’s body in a woods not far from the vacant house where Breakiron had taken her body prior to disposing of it.

Breakiron has alleged numerous trial errors. His first claim is that pre-trial publicity was so pervasive that he could not get a fair trial in Fayette County. Citing the language from Commonwealth v. Frazier, 471 Pa. 121, 369 A.2d 1224 (1977), Breakiron claims that the pre-trial publicity in his case was “so sustained, so pervasive, so inflammatory and so inculpatory as to demand a change of venue without putting [him] to any burden of establishing a nexus between the publicity and actual jury prejudice.” Brief at 12. The publicity complained of contains descriptions of the crime as “grisly”; a photograph of Breakiron handcuffed and in police custody after he was charged with homicide; a characterization of the murder by the district attorney as “the most brutal I’ve ever seen”; the district attorney’s comment that Breakiron “has not made any statement to date to implicate himself in the crime”; a story headlined “Few Willing to Talk About Troubled Hopwood Man,” including the anonymous statement, “He’s bad news”; a statement by the victim’s father, “He’s a cuckoo”; his uncle’s comment, “Please tell them he’s not my son”; and an article detailing Breakiron’s criminal record, including charges of burglary, theft, felonious restraint, and recklessly endangering another person. The article also indicated that Breakiron had served a three year prison sentence and [287]*287that the recklessly endangering incident concerned Breakiron’s binding and holding his mother and sister captive at knifepoint in his home.

In deciding whether pre-trial publicity was such that a new trial is required regardless of any showing of prejudice, this Court in Commonwealth v. Romeri, 504 Pa. 124, 470 A.2d 498 (1983), set out a number of factors for a reviewing court to consider, which we summarize as follows:

1. Whether pre-trial publicity was inherently prejudicial;

2. Whether pre-trial publicity saturated the community;

3. Whether there was a sufficient proximity in time between the publicity and the selection of a jury such that the community from which the jury was drawn did not have an opportunity to “cool down” from the effects of the publicity, thus making a fair trial in this community impossible.

If all of these questions are answered in the affirmative, a new trial is required. If any question is answered negatively, it was not improper to refuse the request for a change of venue.

First, under the Romeri schema, we must consider whether the pre-trial publicity was inherently prejudicial. The term “inherently prejudicial,” as used in Romeri means:

publicity which is harmful to the accused, and which may or may not require a change of venue depending upon what effect it has had in the community from which prospective jurors are drawn.

504 Pa. at 131 n. 1, 470 A.2d at 501 n. 1. Factors to consider in the determination as to whether publicity is “inherently prejudicial” include:

whether the pre-trial publicity was, on the one hand, factual and objective, or, on the other hand, consisted of sensational, inflammatory and “slanted articles demanding conviction” ...; whether the pre-trial publicity revealed the existence of the accused’s prior criminal [288]*288record; whether it referred to confessions, admissions or reenactments of the crime by the defendant; and whether such information is the product of reports by the police and prosecutorial officers.

Id., 504 Pa. at 132, 470 A.2d at 502, citing Commonwealth v. Casper, 481 Pa. 143, 152-53, 392 A.2d 287, 292 (1977); Commonwealth v. Buehl, 510 Pa. 363, 376-77, 508 A.2d 1167 (1986). In the articles at issue in this case, unquestionably the reporting tended to inflame public opinion against Breakiron, and thereby to call for the conviction of a “bad” person; it reported Breakiron’s prior criminal record; and it arguably commented on Breakiron’s protected silence by quoting the district attorney as stating that Breakiron had made no inculpatory statements. Such publicity is “inherently prejudicial” as that term is used in Romeri.

Once inherently prejudicial publicity is established, our next inquiry is “whether such publicity has been so extensive, so sustained and so pervasive that the community must be deemed to have been saturated with it.” Romeri, supra, 504 Pa. at 134, 470 A.2d at 503. And finally, even if there has been inherently prejudicial publicity which has saturated the community, we must also consider whether there has been a cooling-off period which would significantly dilute the prejudicial effects of the publicity. Id.1

In the present case, almost a year elapsed between the time of publication of news stories on Breakiron and the selection of the jury. Additionally, an examination of the [289]

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Cite This Page — Counsel Stack

Bluebook (online)
571 A.2d 1035, 524 Pa. 282, 1990 Pa. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-breakiron-pa-1990.