Commonwealth v. Christian

389 A.2d 545, 480 Pa. 131, 94 A.L.R. 3d 1, 1978 Pa. LEXIS 732

• Court: Supreme Court of Pennsylvania
• Decided: July 14, 1978
• Docket: 97 and 125
• Status: Published

Opinions

OPINION

POMEROY, Justice.

On March 4, 1975, appellant, Hayford Christian, was convicted by a jury of murder of the second degree, burglary, rape and deviate sexual intercourse. After denial of post-trial motions, appellant was sentenced to imprisonment for life on the murder charge. Consecutive sentences of ten to twenty years imprisonment were imposed on each of the remaining charges. From these judgments Christian appeals.¹

The record discloses that early on the morning of July 9, 1974, Agnes Mattes, a seventy-nine year old resident of Jefferson Borough, Allegheny County, was forcibly removed from her home and taken to a nearby isolated swamp where she was raped and sodomized. Her body was discovered later the same day, face down in the swampy area. The medical evidence established that the cause of death was drowning. Christian was arrested and charged with the murder and rape on September 27, 1974.

The evidence against appellant was largely circumstantial and consisted of the following: Testimony by a female neighbor of appellant that at approximately 2:00 A.M. on the morning of July 9, following a party in the housing complex where they resided, Christian had made sexual advances to her which she had refused; testimony that Christian had not returned to his residence during the early morning hours of July 9; witness reports that Christian had been seen on the morning of July 9 coming from the area in which the crime occurred; evidence that Christian’s clothes were covered with a murky substance, possibly matching the mud from the swampy area in which the body was found, but that the articles of clothing had been immediately cleaned before the police investigators were able to examine them on the day of the crime; and testimony of a prisoner who overheard the appellant make an incriminating statement while incarcerated and awaiting trial.

Appellant raises a number of alleged trial errors as grounds for a new trial. One of these is that the trial court unduly restricted the voir dire examination, a contention that we find meritorious. We, accordingly, reverse the judgment of sentence and award a new trial.²

Prior to trial, counsel for each side submitted proposed voir dire questions to the trial court. Among appellant’s requested inquiries were the following:

“(1) Have you had any dealings or experiences with Negro persons that might make it difficult for you to sit in impartial judgment on this case?

“(2) This case involves a rape-murder, the defendant in this case is black, do you feel that blacks have sexual drives that differ from whites?

“(3) There may be some evidence in this case that early on the night when this murder was committed the defendant, who is black, evidenced affection for a white girl. Do you believe that there is anything wrong with a black man showing affection to a white woman?

“(4) Do you feel that anyone so evidencing affection would be more likely to commit a crime than anyone else?”

Question (1) was allowed but the remaining three questions were refused. Appellant made prompt objection to this ruling and preserved the issue for appellate review. The issue now presented is whether this ruling denied Christian a fair trial.

There is no doubt that voir dire is a crucial stage in a criminal proceeding and one which affords counsel an opportunity to determine juror qualifications as well as establish a basis for the effective exercise of peremptory challenges.³ While the right of a litigant to inquire into juror qualifications has been generally recognized,⁴ the scope of such inquiries is, nevertheless, a matter within the discretion of the trial court and that court’s rulings will be reversed only upon a finding of an abuse of discretion. Commonwealth v. Futch, supra; Commonwealth v. Brown, 464 Pa. 625, 347 A.2d 716 (1975); Commonwealth v. Segers, 460 Pa. 149, 331 A.2d 462 (1975); Commonwealth v. Dukes, 460 Pa. 180, 331 A.2d 478 (1975); Commonwealth v. Johnson, 452 Pa. 130, 305 A.2d 5 (1973). A trial court’s rulings concerning the scope of voir dire must, therefore, be considered in light of the factual circumstances of a particular criminal episode.⁵

In the present case, it is clear that circumstances were present which would make it necessary to inquire into racial sensitivity of potential jurors. The crime — the rape and other sexual molestation of an elderly woman — was itself shocking. The fact that the victim was white and the accused a black man cannot be ignored.⁶ This racial difference was emphasized by the Commonwealth’s trial strategy as it later developed; this was to attempt to establish the sexual proclivity of the appellant by evidence of advances made by him towards a white woman a short time before the occurrence of the instant crime.⁷ The case was thus racially sensitive, and one in which there was need on voir dire for inquiry into the possible racial prejudices of potential jurors.

The Commonwealth argues that even if it be conceded that the case is racially sensitive, the question approved by the trial court (“Have you had any dealings or experiences with Negro persons that might make it difficult for you to sit in impartial judgment in this case?”) was adequate to explore in sufficient depth the possible prejudices of veniremen. We disagree.⁸ First, that question was framed in terms of “dealings or experiences.” Even assuming that the question was specific enough to discover prejudice, it would not be apt to reach persons who are perhaps most susceptible to stereotypic views, viz., persons who have had little or no dealing with black persons. Beyond that, we are unable to conclude with any degree of assurance that such a question was sufficiently probing or specific to reveal prejudices which might have immediate bearing on the present case.⁹ Rather, in view of the facts of the instant case, we think that questions (2) and (3) were better suited to elicit the prospective jurors’ racial prejudices in a manner germane to issues which would crystalize at trial.

The Commonwealth next argues that even if the proposed voir dire questions were well designed to probe racial attitudes, they were properly rejected because the inquiries were designed to disclose a juror’s present impressions regarding facts to be developed at trial. See Commonwealth v. Johnson, 452 Pa. 130, 305 A.2d 5 (1973); Commonwea1th v. Hoss, 445 Pa. 98, 283 A.2d 58 (1971). To an extent we agree. Question (4) (“Do you feel that anyone so evidencing affection would be more likely to commit a crime than anyone else?”) was too suggestive of the ultimate facts to be established at trial and accordingly was properly refused. Likewise, question (3) contained material irrelevant to the issue of possible juror prejudice. Thus we believe that the first sentence of that question (“There may be some evidence in this case that early on the night when this murder was committed the defendant, who is black, evidenced affection for a white girl”) unnecessarily referred to specific facts and should have been stricken. Nevertheless, it does not follow that the legitimate need to explore specific and relevant prejudices, having been brought to the attention of the court, should have been stricken in toto simply because the question, as framed, contained superfluous matter. The purpose of voir dire is to secure a “competent, fair, impartial and unprejudicial jury.” Commonwealth v. Futch, 469 Pa. at 426, 366 A.2d at 248. That responsibility must be shared by the trial court and respective counsel in the interests of vindicating the public interest in assuring a fair trial. The proper response to such a legitimate concern, even though the question itself might be improperly constructed, is to fashion a permissible inquiry so that the possible prejudice or bias may be exposed.¹⁰

Because we are unable to conclude that the scope of voir dire in the instant case assured to the defendant his right to trial by an impartial tribunal,¹¹ we are compelled to award a new trial.

Judgments of sentence are reversed and appellant is granted a new trial.

MANDERINO, J., filed a concurring opinion in which NIX, J., joins. ROBERTS, J., filed a dissenting opinion. EAGEN, C. J., dissents and would affirm the judgment of the court below.

1 . We hear this appeal pursuant to the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, 17 P.S. § 211.202(1) which places jurisdiction in this Court of the appeal from appellant’s murder conviction. This Court has jurisdiction over the appeal from the related convictions by virtue of their transfer from the Superior Court to this Court.

2 . Additionally, appellant argues that the trial court erred both in refusing his demurrer following the close of the prosecution’s case and in denying his motion for a directed verdict at the conclusion of the defense. Since Christian chose to put on a defense, the trial court’s ruling on the demurrer may no longer be contested. See Commonwealth v. Ilgenfritz, 466 Pa. 345, 353 A.2d 387 (1976). As to the motion for a directed verdict, our review of the record satisfies us that it was properly denied; when viewed in a light most favorable to the Commonwealth, the evidence was sufficient to establish guilt beyond a reasonable doubt. See, e. g., Commonwealth v. Hubbard, 472 Pa. 259, 372 A.2d 687 (1977).

In light of our disposition of this appeal, we find it unnecessary to reach appellant’s other contentions. They are: (1) the trial court erred in refusing to grant a new trial based upon the recantation of a Commonwealth witness; (2) the prosecution improperly suppressed exculpatory materials; (3) a prosecution witness should not have been permitted to testify; and (4) the trial court, in its charge to the jury, misstated the law concerning the Commonwealth’s burden of proof.

3 . See Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965); Commonwealth v. Futch, 469 Pa. 422, 366 A.2d 246 (1976); Commonwealth v. Corbin, 426 Pa. 24, 231 A.2d 138 (1967). See also Brill, Examination of Jurors, 29 Mo.L.Rev. 259 (1964); Note, Criminal Procedure — The Right to Question Jurors on Racial Prejudice, 37 Ohio St.L.J. 412 (1976); Note, Exploring Racial Prejudice on Voir Dire, 54 B.U.L.Rev. 394 (1974); Note, Voir Dire, Prevention of Prejudicial Questioning, 50 Minn.L.Rev. 1088 (1966).

4 . While most jurisdictions recognize the right to examine prospective jurors with respect to their qualifications, there remains considerable disagreement as to how the voir dire itself should be carried out. It has been argued that voir dire examination by counsel is a constitutional right. See Gutman, The Attorney-Conducted Voir Dire of Jurors: A Constitutional Right, 39 Brooklyn L.Rev. 290 (1972). On the other hand, studies have emphasized the benefits of a court conducted voir dire examination. See Rolewick, Voir Dire Examination of Jurors, 25 De Paul L.Rev. 50 (1975). For a general discussion of the divergent views on this subject, see ABA Project on Standards for Criminal Justice, Standards Relating to Trial by Jury, § 2.4 and Commentary (Approved Draft, 1968); Levit, Nelson, Ball & Chernick, Expediting Voir Dire: An Empirical Study, 44 S.Cal.L.Rev. 916 (1971); Broeder, Voir Dire Examinations: An Empirical Study, 38 S.Cal.L.Rev. 503 (1965); Carr, Voir Dire Examination of Jurors: An Appraisal by an Attorney, 1963 U.Ill.L.F. 653.

5 . “The Constitution does not always entitle a defendant to have questions posed during voir dire specifically directed to matters that conceivably might prejudice veniremen against him. Ham [v. South Carolina, 409 U.S. 524] supra, at 527-528, 93 S.Ct. 848, 35 L.Ed.2d 46 [(1973)].

♦ * * ifc * *

“In Ham, however, we recognized that some cases may present circumstances in which an impermissible threat to the fair trial guaranteed by due process is posed by a trial court’s refusal to question prospective jurors specifically about racial prejudice during voir dire.

“By its terms Ham did not announce a requirement of universal applicability. Rather, it reflected an assessment of whether under all of the circumstances presented there was a constitutionally significant likelihood that, absent questioning about racial prejudice, the jurors would not be as ‘indifferent as [they stand] unsworne.’ Coke on Littleton 155b (19th ed. 1832).” Ristaino v. Ross, 424 U.S. 589, 594-96, 96 S.Ct. 1017, 1020, 1021, 47 L.Ed.2d 258, 263-64 (1976) (footnote omitted).

Accord: Commonwealth v. Futch, 469 Pa. 422, 366 A.2d 246 (1976).

6 . We do not wish to suggest that merely because a defendant and a victim are members of different social or racial groups there immediately arises a right to explore such relationships on voir dire. The potentially prejudicial impact of such affiliations does become meaningful, however, where membership in a certain group or minority is to be emphasized by the evidence presented at trial.

7 . Assuming that a juror might possess racial bias, it is likely that evidence of this sort would inflame his prejudice and militate against a fair trial even prior to evidence linking the defendant to the crime in question.

8 . Compare Commonwealth v. Futch, supra, where we held that other voir dire questions (“Have you had any experience with black persons that might impair your ability to be fair and impartial?” and “Will the fact that the defendant is a black person affect in any way your judgment in this case?”) were sufficient to probe racial bias and that accordingly, it was not error for the trial court to disallow the following question:

“Would you give more credence to the testimony of a white person over that of a black person simply because he is white?”

Futch is, however, distinguishable both because the present episode arguably contains more racial involvement and because it is clear that the permitted questions in the Futch case were more specific in testing racial orientation than was the single question allowed in appellant’s examination.

9 . We cannot assume that a general cursory treatment of racial attitudes is sufficient to establish juror qualification. See Van Dyke, Voir Dire: How Should It Be Conducted To Ensure That Our Juries Are Representative and Impartial, 3 Hastings Const.L.Q. 65 (1976). Indeed, specific questions may be necessary to probe prejudices which are often deep-rooted and unrecognized. See Note, Exploring Racial Prejudice on Voir Dire, 54 B.U.L.Rev. 394, 417-19 (1974). See also United States v. Bear Runner, 502 F.2d 908 (8th Cir. 1974). Unfortunately, prejudice is a fact of life which should never be treated lightly in the interests of assuring a fair trial. As Justice Marshall has well said:

“Finally, to say that petitioner is not a potential target of racial prejudice would be to ignore as judges what we must all know as men. That petitioner was tried in Boston, Massachusetts, while Gene Ham was tried in Florence, South Carolina, is of no consequence. Racial prejudice is a cultural malady that has shaped our history as a nation. It is a cancer of the mind and spirit which breeds as prolifically in the industrial cities of the North as in the rural towns of the South. And where, as here and in the strikingly similar circumstances of the Aldridge case [Aldridge v. U. S., 283 U.S. 308, 51 S.Ct. 470, 75 L.Ed. 1054], a Negro is being accused of an attack on a white policeman, it would be disingenuous at best to assert that he is not apt to be a particular target of racial prejudice.” Ross v. Massachusetts, 414 U.S. 1080, 1085, 94 S.Ct. 599, 602, 38 L.Ed.2d 486, 488-89 (1973) (dissenting opinion of Marshall, J., joined by Douglas & Brennan, JJ., to denial of petition for certiorari) (footnotes omitted).

10 . Such a requirement is analogous to those situations where counsel requests specific points for charge at the conclusion of a trial but poses the charge in a manner which erroneously states the law. In such instances we have held that once being placed on notice of the substance of the charge, the trial court is under a duty to include in its charge an accurate statement of the law on the subject matter raised in the requested point. Commonwealth v. Sisak, 436 Pa. 262, 269-70, n.5, 259 A.2d 428, 432, n.5 (1969). See also Commonwealth v. Motley, 472 Pa. 421, 372 A.2d 764 (1977) (plurality opinion, ROBERTS, J.); Commonwealth v. Hilliard, 471 Pa. 318, 324, 370 A.2d 322, 325 (1977) (dissenting opinion of EAGEN, C. J.); Commonwealth v. Coach, 471 Pa. 389, 397, 370 A.2d 358, 362 (1977) (concurring opinion of POMEROY, J.); Commonwealth v. Mitchell, 460 Pa. 665, 334 A.2d 285 (1975) (plurality opinion, MANDERINO, J.). Both voir dire examination and the charge to the jury have identical purposes — to see that the guilt or innocence of a defendant is considered in a fair and objective manner and in accordance with applicable law.

11 . In Ham v. South Carolina, 409 U.S. 524, 93 S.Ct. 848, 35 L.Ed.2d 46 (1973), the Supreme Court of the United States indicated such a right was of constitutional dimension:

“. . . Since one of the purposes of the Due Process Clause of the Fourteenth Amendment is to insure these ‘essential demands of fairness,’ e. g., Lisenba v. California, 314 U.S. 219, 236, 62 S.Ct. 280, 289, 86 L.Ed. 166 (1941), and since a principal purpose of the adoption of the Fourteenth Amendment was to prohibit the States from invidiously discriminating on the basis of race, Slaughter-House Cases [83 U.S. 36], 16 Wall. 36, 81, 21 L.Ed. 394 (1873), we think that the Fourteenth Amendment required the judge in this case to interrogate the jurors upon the subject of racial prejudice. . . .” 409 U.S. at 526-27, 93 S.Ct. at 850, 35 L.Ed.2d at 50.

Accord, Commonwealth v. Brown, 464 Pa. 625, 347 A.2d 716 (1975). The constitutional underpinnings of Ham were weakened, however, in Ristaino v. Ross, supra, where the Supreme Court indicated that the mere fact that a case involved a black defendant and a white victim did not give rise to a constitutional right to explore prejudice through voir dire examination. Our Court, however, has held that such a right is well-grounded in state law and that Commonwealth v. Brown, supra, is still good law. See Commonwealth v. Futch, supra, 469 Pa. at 428, n.4, 366 A.2d 246. We repeat, however, that the scope of voir dire examination rests within the discretion of the trial court and is governed by the need for such inquiry as is disclosed by a factual analysis of a particular case.