Commonwealth v. Brown

925 A.2d 147, 592 Pa. 376, 2007 Pa. LEXIS 1355
CourtSupreme Court of Pennsylvania
DecidedJune 26, 2007
Docket1 EAP 2005
StatusPublished
Cited by46 cases

This text of 925 A.2d 147 (Commonwealth v. Brown) 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. Brown, 925 A.2d 147, 592 Pa. 376, 2007 Pa. LEXIS 1355 (Pa. 2007).

Opinions

OPINION

Justice CASTILLE.

In Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), the U.S. Supreme Court held that a defendant “is deprived of his rights under the Confrontation Clause when his nontestifying codefendant’s confession naming him as a participant in the crime is introduced at their joint trial, even if the jury is instructed to consider that confession only against the codefendant.” Richardson v. Marsh, 481 U.S. 200, 201-02, 107 S.Ct. 1702, 1704, 95 L.Ed.2d 176 (1987) (summarizing holding of Bruton). Bruton exists as a “narrow exception” to the general rule that cautionary instructions to the jury may be sufficient to eradicate the [381]*381prejudice that may arise where evidence is admitted against only one of multiple defendants in a joint trial. Commonwealth v. Travers, 564 Pa. 362, 768 A.2d 845, 847 (2001); see also Commonwealth v. McCrae, 574 Pa. 594, 832 A.2d 1026, 1037 (2003) (“general rule” in circumstance where evidence is admitted solely against one of multiple defendants “is that an instruction to the jury that it is to consider the evidence only with respect to the defendant against whom it has been properly introduced is sufficient to remove any potential spillover prejudice to the defendant against whom the evidence was not admitted”), cert. denied, 543 U.S. 822, 125 S.Ct. 31, 160 L.Ed.2d 32 (2004). In this appeal, a panel of the Superior Court held that: (1) the trial prosecutor’s discussion, in summation but not at trial, of the substance of the nontestifying co-defendant’s confession (a confession which had been redacted to remove references to appellee and then admitted into evidence against the co-defendant) violated Bruton when the prosecutor referred to appellee by name; (2) because the prosecutor’s comment violated Bruton, the cautionary charge proposed by the trial court upon defense objection was insufficient as a matter of law to dissipate prejudice to appellee; (3) the error was not harmless; and (4) the trial court abused its discretion in denying severance based upon the Bruton issue. This Court granted review to consider the propriety of the Superior Court’s extension of Bruton to an instance involving the prosecutor’s argument, the panel’s concomitant holding that a cautionary charge was per se inadequate to dissipate the potential for prejudice, and the panel’s finding that severance was required. For the reasons that follow, we hold that the prosecutor’s comment in closing in this case, though improper, does not trigger Bruton’s per se exception to the general rule that cautionary charges may be adequate to eliminate spillover prejudice in joint trials. We also hold that the potential for prejudice arising from the prosecutor’s comment was curable by the cautionary charge that trial counsel declined. Finally, we find that the panel’s ruling on the severance question was erroneous. Accordingly, we reverse the grant of a new trial and reinstate the judgment of sentence.

[382]*382On the afternoon of February 23, 2001, Anthony Cheatham and Miguel Garcia drove around Philadelphia in Garcia’s black Monte Carlo for several hours while smoking marijuana. Between 4:00 and 5:00 p.m., Garcia stopped to talk to appellee and introduced appellee to Cheatham. Cheatham moved to the back seat of the car and appellee entered the front passenger seat. Appellee informed Garcia that “he wanted to get high.” During the ensuing drive to North Philadelphia, Garcia stopped the car and purchased Xanax pills, which all three men then shared. The pills made Cheatham sleepy and he asked Garcia to take him home. Notes of Testimony (N.T.), 6/4/02, at 95-99.

Garcia stopped at a Hess Gas Station located around the corner from Cheatham’s house and purchased gasoline. Garcia then drove about half a block when appellee asked him to stop the car. Appellee exited the car and Garcia followed. Cheatham remained in the back seat and heard a gunshot, which sounded like it was fired nearby. Appellee returned to the car, followed by Garcia. Appellee had a gun in his hand and Garcia asked him, “what the f[ — ] did you just do?” Appellee responded, “Shut up and drive the f[ — ]ing car.” Cheatham told Garcia that he wanted to be dropped off immediately. Garcia drove around for about five minutes before stopping to let Cheatham out of the car. Cheatham went to a friend’s house where he went to sleep. Id. at 104-06.

At approximately 8:00 p.m. the same evening, Philadelphia Police Officers Robert Livewell and Carolyn Campbell responded to a radio call that there was an unconscious female at a nearby Hess Station. At the station, the officers found Mary Edmund laying face up near a gasoline pump, where Fire Department paramedics were attempting to resuscitate her. Ms. Edmund was taken to the hospital where she was pronounced dead at approximately 9:40 p.m. The victim died from a single bullet which had caused multiple injuries, as it entered Ms. Edmund’s right upper breast, exited the lower breast, entered the abdomen, and then became lodged behind her left hip. Id. at 47-52, 68-69.

[383]*383Later, on the same night of the murder, appellee and Garcia were joined in the Monte Carlo by another man, Donovan Weary. At approximately 3:00 a.m., Philadelphia Police Lieutenant Daniel MacDonald and Officer Brian Gress were in a marked police vehicle and noticed the black Monte Carlo driving with its lights out. Lieutenant MacDonald activated his overhead lights and shined a spotlight on the car. The car initially pulled over but then sped off, with the officers in pursuit. The chase ended when the Monte Carlo hit a patch of ice, careened onto the sidewalk, hit a couch and a trash pile, and came to a halt. Garcia jumped from the car with a silver handgun and fled, with Officer Gress in pursuit. Appellee and Weary also attempted to flee, but kept slipping on ice and were promptly arrested by Lieutenant MacDonald. Officer Gress apprehended Garcia a block away and also retrieved a .38-caliber revolver Garcia had abandoned in the backyard of a nearby home. Ballistics evidence established that the revolver was the Edmund murder weapon. N.T., 6/5/02, at 6-11, 21-22; N.T., 6/7/02, at 17.

Garcia and appellee were each charged with murder,1 robbery,2 criminal conspiracy,3 and possession of an instrument of a crime,4 and the matters were joined for trial. On July 20, 2001, appellee motioned to sever his trial from Garcia’s, claiming inconsistent defenses. He also alleged that his confrontation rights would be violated by a joint trial because Garcia did not plan to testify and the Commonwealth planned to introduce Garcia’s redacted statement to police. The trial court denied the motion.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Coffey, J.
Superior Court of Pennsylvania, 2025
Com. v. Abdul-Ali, N.
2025 Pa. Super. 216 (Superior Court of Pennsylvania, 2025)
Com. v. Anderson, B.
Superior Court of Pennsylvania, 2025
Com. v. Soto, E.
Superior Court of Pennsylvania, 2025
Com. v. Galo-Ponce, E.
Superior Court of Pennsylvania, 2025
Commonwealth v. Smith, L., Aplt.
Supreme Court of Pennsylvania, 2024
Com. v. Campbell, S.
Superior Court of Pennsylvania, 2023
Com. v. Smith, F.
Superior Court of Pennsylvania, 2022
Com. v. Figueroa, R.
Superior Court of Pennsylvania, 2022
Com. v. Ellis, J.
Superior Court of Pennsylvania, 2022
Com. v. Robinson, O.
Superior Court of Pennsylvania, 2022
Com. v. Lambert, A.
Superior Court of Pennsylvania, 2021
Com. v. Davis, B.
Superior Court of Pennsylvania, 2021
Com. v. Styers, M.
Superior Court of Pennsylvania, 2021
Com. v. Goddard, G.
Superior Court of Pennsylvania, 2020
Com. v. Freeman, I.
Superior Court of Pennsylvania, 2020
WHITTINGTON v. DELBALSO
W.D. Pennsylvania, 2020
LOMAX v. GILMORE
W.D. Pennsylvania, 2020
Com. v. Owens, L.
Superior Court of Pennsylvania, 2020
JACOBS v. DELBALSO
E.D. Pennsylvania, 2020

Cite This Page — Counsel Stack

Bluebook (online)
925 A.2d 147, 592 Pa. 376, 2007 Pa. LEXIS 1355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-brown-pa-2007.