Commonwealth v. Casper

417 A.2d 1216, 273 Pa. Super. 612, 1980 Pa. Super. LEXIS 1810
CourtSuperior Court of Pennsylvania
DecidedJanuary 4, 1980
DocketNo. 204
StatusPublished

This text of 417 A.2d 1216 (Commonwealth v. Casper) is published on Counsel Stack Legal Research, covering Superior 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. Casper, 417 A.2d 1216, 273 Pa. Super. 612, 1980 Pa. Super. LEXIS 1810 (Pa. Ct. App. 1980).

Opinion

HOFFMAN, Judge:

Appellant contends that: 1) Insufficient evidence exists to support his conviction for “macing,” (demanding money for political purposes from employees of the Commonwealth); 2) insufficient evidence exists to support his convictions for conspiracy and criminal solicitation to “mace”; 3) the verdict of guilty of extortion is inconsistent with the verdicts of not guilty of conspiracy and solicitation to extort charged in the same indictment; and 4) the trial court erred in failing to grant his motion for severance of the indictments. We disagree and, accordingly, affirm.

On May 16, 1974, the Commonwealth filed against appellant a criminal complaint, Indictment No. 60, charging that, while Chairman of the Butler County Democratic Party in 1973, appellant had conspired with superintendents of the Pennsylvania Department of Transportation, Richard V. Boyd, Alan McGarvey, Raymond Doutt, Samuel Zúrzalo, Jerome Geibel and Mark Rhodes, for the purpose of unlawfully demanding money from employees of the Commonwealth for political purposes. The complaint charged conspiracy, solicitation and “macing.” Later in 1974, a Special Investigating Grand Jury returned two more indictments. Indictment No. 170 alleged that appellant and the co-conspirators named in Indictment No. 60 had unlawfully demanded money for political purposes from employees of the Commonwealth. Indictment No. 173 charged that from 1971 to 1973, appellant and co-conspirators had conspired to commit extortion and bribery against lessors of snow removal equipment to the Butler County Division of the Pennsylvania Department of Transportation and that appellant and another named individual had solicited individuals to commit bribery and extortion.

Before trial, the Commonwealth moved to consolidate the indictments for trial. Appellant moved to sever Indictment No. 173 from trial of the other indictments and for change of venue. The trial court permitted consolidation of the indictments and denied appellant’s motions. On March 6, 1975, a jury convicted appellant of conspiracy, solicitation [615]*615and three counts of “macing” charged in Indictment No. 60, of four counts of “macing” charged in Indictment No. 170 and of three counts of extortion charged in Indictment No. 173. After denying post-verdict motions, the trial court sentenced appellant to a term of imprisonment of 1-2 years and fined him $11,500. On appeal, this Court reversed the judgment of sentence, holding that the trial court’s failure to grant change of venue denied appellant a fair trial. See Commonwealth v. Casper, 249 Pa.Super. 21, 375 A.2d 737 (1977). The Supreme Court, holding that a change of venue was not necessary, reversed the order of the Superior Court and remanded for consideration of appellant’s other assignments of error. See Commonwealth v. Casper, 481 Pa. 143, 392 A.2d 287 (1978). Appellant now raises those assignments of error.

Appellant first contends that the evidence is insufficient to sustain his convictions on seven counts of “macing.” The Commonwealth’s witnesses established that, in 1973, appellant held a meeting with superintendents of the Pennsylvania Department of Transportation, in which he instructed them to collect money from Department employees, raising $120 from each equipment operator and $60 from each laborer, and from lessors of snow removal equipment, collecting from each of them $100 for each piece of equipment leased. Appellant directed that employees who failed to contribute should be transferred from the equipment on which they worked or to another area and given less overtime, and that lessors who failed to make contributions should have their contracts rejected.

Noel Rhodes testified that McGarvey asked him to contribute $120. Rhodes complained that he could afford only half of that amount and McGarvey replied that “its not up to me to accept half” and recommended that Rhodes speak with Boyd. When Rhodes failed to call Boyd, appellant phoned him and said that “it would be more beneficial to you to make a right decision.”

Gary Doutt testified that Boyd called him into his office and straight out asked, “Are you going to donate?” Doutt [616]*616answered that he had already contributed to the Democratic Party all he could afford. Sometime later, appellant called Doutt and stated that Boyd had told him that “you are not going to donate.” Doutt answered appellant as he had Boyd. Appellant stated that Doutt “should know how things are up there” and “better try harder.”

Glenwood Marburger testified that Mark Rhodes told him that the Democratic Party needed money and asked for a contribution. Marburger gave $20. Subsequently, Raymond Doutt also solicited a contribution, announcing that “All operators was [sic] supposed to give one hundred twenty dollars to the . . . Democratic Committee” and laborers were supposed to give $60. He also warned that “If you didn’t give, you would be taken off your equipment.” Marburger did not donate the requested amount. Mark Rhodes again asked Marburger for a contribution but Mar-burger again refused. Eventually, Marburger was taken off his equipment, that is, shifted to less desirable work.

Ronald Lumley testified that Boyd twice asked him to contribute money. On the second occasion, Boyd informed him that the amount desired was $120. Lumley did not give the full amount. Later, he was dropped from an equipment list. When he asked Boyd why he was not on the list, Boyd replied, “You know why.” Lumley asked whether he would be returned to the list if he paid, the money. Boyd called appellant and later reported to Lumley that “it would be all right to put [you] back on the high lift if you bring the money.” Lumley paid the balance the next day and immediately was placed on the equipment list.

David Aggas testified that McGarvey asked him to contribute $120 to the Democratic Party. McGarvey warned that if he didn’t pay, he could be taken off his equipment. Aggas paid the money but complained about the amount. McGarvey “told me that it wasn’t his idea, that he didn’t like it either, but it was his job to collect it . . . . He said alot [sic] of pressure was on him to collect this money.”

Howard Nicklas, Jr. testified that Boyd spoke to him and said that he would give Nicklas a piece of equipment on [617]*617which to work and that he would be taking a contribution for the Democratic Party. Boyd asked for $120 and Nicklas immediately agreed to pay it. When it turned out that another employee was assigned to the machine, Boyd assured Nicklas that “If you go along with our donation, why, you can run a roller.” Later in the fall of 1973, McGarvey asked Nicklas if he was going to contribute the $120. Nicklas explained that, because of unexpectedly high hospital bills, he could not afford the donation. Subsequently, Nicklas learned that he was not to receive certain overtime work available to most of the other employees and his name did not appear on the winter equipment list. Nicklas asked Boyd why he wasn’t on the list and Boyd stated that the reason was that he had not paid the donation. Nicklas paid $120 and soon afterward was assigned to a piece of equipment.

William Stewart testified that, in the summer of 1973, Boyd asked him for a contribution of $120 to the Democratic Party. “I asked him what would happen if the person refused. And, then, he appeared to have a list of names on his desk that he was checking names off as he and I talked.

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401 A.2d 353 (Supreme Court of Pennsylvania, 1979)
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Bluebook (online)
417 A.2d 1216, 273 Pa. Super. 612, 1980 Pa. Super. LEXIS 1810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-casper-pasuperct-1980.