Commonwealth v. Brode

564 A.2d 1254, 523 Pa. 20, 1989 Pa. LEXIS 362
CourtSupreme Court of Pennsylvania
DecidedOctober 20, 1989
Docket48 M.D. Appeal Docket 1988
StatusPublished
Cited by12 cases

This text of 564 A.2d 1254 (Commonwealth v. Brode) 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. Brode, 564 A.2d 1254, 523 Pa. 20, 1989 Pa. LEXIS 362 (Pa. 1989).

Opinions

OPINION

ZAPPALA, Justice.

Richard D. Brode was found guilty of first degree murder in the shooting death of his wife. After hearing, the jury fixed the sentence at death. This direct appeal follows pursuant to 42 Pa.C.S. § 9711.

Although the appellant has not renewed the claim made in post-trial motions that the evidence was insufficient to demonstrate the specific intent to kill, and thus to prove [23]*23first degree murder, it is our policy in all capital cases to ascertain that the evidence was indeed sufficient to establish the only crime for which this most extreme punishment is imposable. Commonwealth v. Zettlemoyer, 500 Pa. 16, 26 n. 3, 454 A.2d 937, 942 n. 3 (1982).

Richard and Carole Brode, married twenty-two years, had been living apart for several months in 1986, during Richard Brode’s stay at an alcohol rehabilitation center and thereafter. On the morning of October 29, Richard Brode went to the marital residence to remove some items of personal property. While there, he asked his wife, as he had repeatedly done over the previous weeks, about coming home. Carole Brode told him that the marriage was over. Richard Brode then left the house and opened the trunk of his car. In the trunk was a shotgun and a box of shells that he had purchased the night before. He removed the gun from the box, assembled it, and put some shells in his pocket. He then returned to the house, loading the gun as he walked up the steps to the second floor, where his wife was in a bedroom. The two argued as Carole Brode tried to convince him to call his mother for help. Richard Brode then shot his wife once in the abdomen and once in the right elbow, reloaded, and shot two more times, hitting her in the chest.

Brode’s defense sought to refute the inferences of planning and premeditation, and to establish his incapacity to form the specific intent to kill his wife. Brode testified that he had bought the shotgun as a gift for his son, to replace one he had been given that was too long and unwieldy. He explained that he had already drank four to six double shots of whiskey that morning before he went to retrieve a video cassette recorder and stereo from his wife’s house. After being rebuffed in his request to return home, he was preparing to leave with the items he had gone to the house for. When he opened the trunk of his car, however, he saw the gun, and, in his words, “I don’t know if I could take this anymore — I thought to myself.” He then returned to the house, and after arguing with his wife shot and killed her.

[24]*24Brode also presented the testimony of a psychiatrist, who offered the opinion that Brode had a number of psychiatric problems that, compounded by the influence of alcohol, rendered him incapable of forming the intent to kill his wife. The psychiatrist described in detail how, in his opinion, the anger and hostility associated with Brode’s compulsive personality disorder overrode his judgment and ability to form a specific intent; how Brode’s adjustment disorder with depression, resulting from the perceived lack of support upon leaving the rehabilitation center, affected his judgment and led to his resumption of drinking; and how Brode’s alcohol consumption that day interfered with his cognitive abilities, noting especially that Brode’s high tolerance for alcohol, developed during his years of alcohol dependence, was reduced because of his recent period of detoxification.

Appellate assessment of whether the evidence suffices to support a verdict examines that evidence in the light most favorable to the verdict winner and accords the benefit of all reasonable inferences in the same manner. This standard of review gives effect to and protects the factfinder’s prerogative to accept all, part, or none of the evidence presented. Viewed in this way, the record evidence plainly supports the conclusion that Richard Brode caused the death of Carole Brode after having formed the specific intent to do so.

The appellant brings to this Court only one claim of error going to the portion of the proceedings at which his guilt was determined. Brode had proposed to offer an insanity defense based on expert testimony that as a result of the compulsive personality disorder, the adjustment disorder, and the chronic alcoholism, combined with the intoxication on the morning of the shooting, Brode suffered a mental disease or defect that rendered him unable to know right from wrong. After hearing the witness’s proposed testimony in camera, the court ruled that it was inadmissible to establish the insanity defense, citing Commonwealth v. Plank, 329 Pa.Super. 446, 478 A.2d 872 (1984) and Com[25]*25monwealth v. Kuhn, 327 Pa.Super. 72, 475 A.2d 103 (1984). Brode argues that this was error, that Pennsylvania law does not preclude such an insanity defense.

The statutory parameters for this issue are set by 18 Pa.C.S. §§ 308 and 315. Section 308 states

Neither voluntary intoxication nor voluntary drugged condition is a defense to a criminal charge, nor may evidence of such conditions be introduced to negative the element of intent of the offense, except that evidence of such intoxication or drugged condition of the defendant may be offered by the defendant whenever it is relevant to reduce murder from a higher degree to a lower degree of murder.
According to Section 315(b)
the phrase “legally insane” means that, at the time of the commission of the offense, the actor was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if the actor did know the quality of the act, that he did not know that what he was doing was wrong.

Brode’s argument posits his compulsive personality, adjustment disorder, and alcohol dependence as “diseases of the mind” within the meaning of Section 315. It is clear, however, that his expert witness considered Brode’s ingestion of alcohol that morning as a necessary factor in Brode’s mental condition at the time of the killing. To avoid the legislative judgment expressed in Section 305, Brode argues that owing to his alcohol dependence, his drinking was involuntary.

In Commonwealth v. Plank, Superior Court rejected this very argument. Guided by our decision in Commonwealth v. Hicks, 483 Pa. 305, 311, 396 A.2d 1183, 1186 (1979), where we stated that, “[i]t is obvious that an actor should not be insulated from criminal liability for acts which result from a mental state that is voluntarily self-induced,” the court reasoned that if Plank “drank voluntarily, the insanity defense is barred because [he] induced the infirmity.” 329 [26]*26Pa.Super. at 451-52, 478 A.2d at 875. And following the plurality decision of another panel in Commonwealth v. Kuhn, which stated that as a matter of law involuntary intoxication cannot be established by showing that the defendant was a chronic alcoholic incapable of voluntarily refraining from ingestion of alcohol, the court stated, “[i]f we cannot excuse the antecedent act, [the] proposed defense dissolves.” Id., 329 Pa.Super. at 452, 478 A.2d at 876.

Although Brode claims that

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Bluebook (online)
564 A.2d 1254, 523 Pa. 20, 1989 Pa. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-brode-pa-1989.