Commonwealth v. Bronshtein

729 A.2d 1102, 556 Pa. 545
Supreme Court of Pennsylvania·Decided April 16, 1999·Published·Cited by 25 cases

Opinions

OPINION

NEWMAN, Justice.

Maria Pogrebivsky and Karolina Benchluch, as next friends to Antuan Bronshtein (Bronshtein) appeal from an Order of the Court of Common Pleas of Montgomery County dismissing Bronshtein’s Post-Conviction Relief Act Petition.

Facts and Procedural History

On August 10, 1994, Bronshtein was sentenced to death for the murder of Alexander Gutman, a King of Prussia jeweler, in January 1991. The Governor originally signed a warrant for the execution of Bronshtein on July 16, 1997, but this Court stayed the execution so that Bronshtein could file a Petition for Writ of Certiorari with the United States Supreme [548] Court. Bronshtein did file such a petition, and the United States Supreme Court denied certiorari on October 20, 1997. The Governor signed a second warrant of execution on November 14, 1997, and on December 3, 1997, the Center for Legal Education Advocacy and Defense Assistance (OLEADA) filed an Emergency Motion for Stay of Execution and a PCRA Petition1 on behalf of Bronshtein. The Court of Common Pleas of Montgomery County (PCRA Court) issued a stay of execution pending disposition of the PCRA Petition. The court also issued an Order appointing Robert B. Dunham, Esquire, of CLEADA, as counsel for Bronshtein.

On January 26,1998, Bronshtein wrote a letter to the PCRA Court expressing his desire to abandon his post-conviction appeal. The PCRA Court held a hearing on May 4, 1998, during which Bronshtein agreed to undergo psychiatric examination. The Court appointed Robert Sadoff, M.D. to perform the examination, which took place on June 22, 1998. Dr. Sadoff submitted a report to the court on June 23, 1998, in which he stated as follows:

I asked Mr. Braunshtein [sic] if he knew that he was facing the death penalty. He states that he is competent, that he clearly understands that he is facing the death penalty, and he wants the death penalty. I asked him why that was imposed upon him, and he said, because of the murder on January 11,1991 of Alexander Guttman [sic], a jeweler. He states, very carefully, “I accept the verdict.” He said he was found guilty, and would not go any further than that. I asked him if he would agree with the verdict, and he said he would not answer that question. Later, he said he accepts the sentence of death, but not necessarily the verdict. He said he knows he has been found guilty of killing Mr. Guttman [sic], and he has no choice other than to accept the finding of the jury----
I asked why he wanted the death penalty, and he” said he wants it because it was given to him and he accepts the sentence. When I asked him to elaborate further, he said he doesn’t have to do that, and quotes the United States [549] Supreme Court in a recent case, stating that the individual need only know that he is facing death and why he is facing the death penalty. He said he knows those things and he wants his sentence to be carried out. He does not wish to go into any other aspect of his life and would not, at this time, answer my questions about other areas of his life. At some point, he states that this was a game and that he felt I was trying to “trick” him....
In addition to my limited and abbreviated examination of Antuan Bronshtein, I also reviewed a number of records that were sent to me by the Court, by the Office of the Prosecutor and more so from LEADA....
Based on my limited and abbreviated one hour examination of Antuan Bronshtein plus review of the records noted, I can state, within reasonable medical certainty, that Mr. Bronshtein appears to have an intellectual ability to understand that he is being put to death for a particular reason, i.e., the conviction for murder of Alexander Guttman [sic]. I am not certain about his emotional appreciation of the conditions in which he finds himself and his ability to work effectively and rationally with counsel with respect to his current situation____
Thus, my opinion at this time is deferred until a further examination, where I may probe more deeply into Mr. Bronshtein’s emotional condition and his reasons for seeking the death penalty as quickly as possible. He does know that he has received the death penalty and knows that death is final. He also knows that he has been given the death penalty on the basis of the conviction for murder of Alexander Guttman [sic]. He is vague, however, about accepting or agreeing with various verdicts of guilt and admitting that he was responsible for various behaviors, including one of the murders.

Report of Robert M. Sadofff, M.D., June 23,1998.

At a hearing on July 15, 1998, the Court informed Bronshtein that further psychiatric evaluation was necessary before it would accept his waiver of appeal. Bronshtein again informed [550] the court that he wished to waive his post-conviction appellate rights. Shortly after' the hearing, Bronshtein attempted suicide while at the Montgomery County Correctional Facility.

On July 30, 1999, the PCRA Court vacated the appointment of Mr. Dunham and CLEADA, and appointed Joseph J. Kalkbrenner, Jr., Esquire to represent Bronshtein. The Order directed Mr. Kalkbrenner to file an amended PCRA petition within 120 days, or in the alternative to take appropriate action if he determined that Bronshtein’s stated desire to withdraw his appeal was a rational and competent decision.

Pursuant to the instructions of Bronshtein, Mr. Kalkbrenner informed the Court that Bronshtein wished to withdraw his PCRA Petition. Following a hearing on January 26, 1999, the PCRA Court entered an Order dismissing the PCRA Petition and vacating the stay of execution, finding that Bronshtein had knowingly, intelligently and voluntarily waived his right to appeal. On February 25, 1999, the “next friends” filed an appeal of the PCRA Court’s Order.2 On March 26, 1999, Bronshtein, through counsel, filed a Motion to Quash the Appeal.3

Discussion

The focus of the instant appeal is Bronshtein’s competency to waive his right to seek relief pursuant to the PCRA and his competency to be executed. The proscription against executing an insane person has a long history in the common law. As this Court stated in In re Heidnik, 554 Pa. 177, 720 A.2d 1016, 1017-1018 (1998):

[551] The United States Supreme Court, in Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986), determined that this proscription is incorporated in the Eighth Amendment’s ban on cruel and unusual punishments. The several opinions in support of the judgment in that case suggested that the minimum elements for determining ‘sanity’ in this context relate to the person’s awareness of the punishment and the reasons for it, or as we put it in Commonwealth v. Jermyn, 539 Pa. 371, 652 A.2d 821, 824 (Pa.1995), whether the person “comprehends the reason for the death penalty and its implications.”

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Commonwealth v. Bronshtein, 729 A.2d 1102, 556 Pa. 545 (Pa. 1999).

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