Commonwealth v. Claypool

464 A.2d 341, 317 Pa. Super. 320
CourtSupreme Court of Pennsylvania
DecidedFebruary 2, 1984
Docket136
StatusPublished
Cited by8 cases

This text of 464 A.2d 341 (Commonwealth v. Claypool) 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. Claypool, 464 A.2d 341, 317 Pa. Super. 320 (Pa. 1984).

Opinions

MONTEMURO, Judge:

This is an appeal from the judgment of sentence imposed on the appellant, Daryl Nason Claypool, for rape,1 involuntary deviate sexual intercourse2 and simple assault.3 Appellant contends, inter alia, that the trial court erred in allowing the Commonwealth to introduce evidence of appellant’s prior criminal conviction for rape.4 The record before [322]*322us supports the appellant’s contention, and accordingly, we vacate the judgment of sentence and remand the case for a new trial.

The appellant’s contention is centered around the admission of evidence concerning a prior criminal conviction for rape which was alluded to by the prosecutor in his opening statement, brought out in the testimony of the victim and further amplified in the examination and cross-examination of the appellant, and through the testimony of the appellant’s wife as a rebuttal witness for the prosecution.

The facts giving rise to this matter occurred in the early morning hours of November 7, 1979. The appellant, a long distance truck driver, had been in Baltimore, Maryland picking up a load of steel. His wife, Patricia Claypool, was in the hospital undergoing minor surgery. Mrs. Claypool’s sister, Susan Durney, had agreed to babysit for the Clay-pool children, Nason and Amy, ages 3 and 1 and Vz respectively. Mrs. Durney and the children were alone in the Claypool residence on the night and early morning in question.

At about 1:30 A.M., the appellant arrived home unexpectedly, pounded on the door, and was admitted by Mrs. Durney, who was wearing a long-sleeved flannel nightgown. The appellant and Mrs. Durney talked briefly while the appellant drank a beer from a six-pack he had purchased earlier.5 Mrs. Durney then went upstairs to the bedroom in which the Claypool children were sleeping.

Shortly thereafter, she heard her name being called and went to the doorway of her room. The appellant was standing in the doorway of the other bedroom attired only in a T-shirt and briefs and was holding a gun; either a shot gun or a rifle. He pointed the gun toward her and told her to come into the bedroom. At first, she refused, but he repeated his demand and she entered the bedroom. Mrs. [323]*323Durney repeatedly asked the appellant to put the gun down because she was scared, but the appellant refused and said to her:

“... better not try to get away or to scream or holler ... he would shoot me and anybody else who got in his way and hopefully that if the police came he would get killed too because he would never go to jail again.”

Mrs. Durney testified that the appellant told her he had been in jail, a fact of which she was aware. He also told her that he had been in jail for rape, a fact of which she was not aware. She recounted appellant’s words:

“He told me that him and another fellow were at his cousin’s house and they had been drinking and they tied up his cousin and then they took the cousin’s wife upstairs and that he was in jail for that.”

She then testified that she was “scared to death because then I knew that that’s what he was going to do to me.” She also testified that the appellant made various other threats,6 grabbed her wrists, threw her on the bed, pulled off her nightgown and spread her legs, leaving bruises. Appellant proceeded to engage in several acts of sexual intercourse with the victim, both vaginal and oral.

The appellant admitted having sexual relations with Mrs. Durney but claimed the acts were entirely consensual. He ■ acknowledged having the gun while standing in the hallway, but claimed that he had taken it out while contemplating suicide and had forgotten he was holding it when he called to his sister-in-law.

Our scope of review in this matter is the determination of whether the trial court abused its discretion in [324]*324allowing the admission of evidence of appellant’s prior rape conviction. Commonwealth v. Ulatoski, 472 Pa. 53, 371 A.2d 186 (1977). The trial court’s stated purpose in allowing the introduction of the evidence of the prior conviction was “to show why the will of Susan Durney was overcome to make the act of intercourse and possibly later involuntary deviate sexual relations to be without consent.”

In Commonwealth v. Seigrist, 253 Pa.Super. 411, 385 A.2d 405 (1978), the trial court, sitting without a jury, allowed the treating physician of a rape victim to testify from a written report he had made of the incident. The report stated various attendant facts, including a reported statement by the defendant in which he “told the patient he had been in jail many times, lived in Lebanon, and jumped parole.” Id., 253 Pa.Superior Ct. at 421, 385 A.2d at 410. This court upheld the lower court’s holding that the testimony was admissible, stating:

Appellant’s sole contention is that the italicized portion of the above quoted passage constituted inadmissible hearsay which was prejudicial to the appellant. Appellant correctly notes that the prosecutrix could have testified to what the appellant told her, not to prove the truth of the assertion that the appellant had been in jail many times, but rather to prove the fact of the assertion which was clearly relevant to the question of lack of consent.

Id., 253 Pa.Superior Ct. at 421, 385 A.2d at 410. In Commonwealth v. Kjersgaard, 276 Pa.Super. 368, 371, 419 A.2d 502, 503 (1980), the victim of a rape testified that the defendant said to her “that fifteen other young women had been murdered because they refused his order to undress.” Id., 276 Pa.Superior Ct. at 371, 419 A.2d at 504. The court, relying on Seigrist, supra, ruled that the defendant’s “admissions” were cogent evidence that his victims submitted only upon the threat of injury or death.” Id., 276 Pa.Superior Ct. at 376, 419 A.2d at 506.

While these cases would allow testimony of prior criminal acts as relevant on the issue of the victim’s consent, we do not think they control the present case.

[325]*325A defendant’s statements regarding his prior criminal acts used as threats to overcome the will of a victim may be used as evidence in the proper circumstances’. However, countervailing principles inherent in our system of jurisprudence militate against the use of evidence which might tend to inflame or prejudice the trier of fact. The general prohibition against admission of evidence of a defendant’s prior criminal acts is one manifestation of the judicial recognition of these principles:

One of our most fundamental and prized principles in the administration of criminal law is that a district crime, unless under special circumstances, cannot be given in evidence against a defendant who is being tried for another crime. This is because the fact that a person has committed one offense is not proof that a person has committed another and because the effect of such testimony upon a jury is nevertheless bound to create prejudice and an emotional reaction on their part against the defendant.

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Related

Commonwealth v. Nenninger
519 A.2d 433 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Claypool
495 A.2d 176 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Campbell
493 A.2d 101 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Gaerttner
484 A.2d 92 (Supreme Court of Pennsylvania, 1984)
Commonwealth v. Rhodes
481 A.2d 610 (Supreme Court of Pennsylvania, 1984)
Commonwealth v. Laurenson
470 A.2d 122 (Supreme Court of Pennsylvania, 1983)

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Bluebook (online)
464 A.2d 341, 317 Pa. Super. 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-claypool-pa-1984.