Commonwealth v. Colson

490 A.2d 811, 507 Pa. 440, 1985 Pa. LEXIS 397
CourtSupreme Court of Pennsylvania
DecidedApril 4, 1985
Docket124 E.D. Appeal Docket 1983
StatusPublished
Cited by180 cases

This text of 490 A.2d 811 (Commonwealth v. Colson) 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. Colson, 490 A.2d 811, 507 Pa. 440, 1985 Pa. LEXIS 397 (Pa. 1985).

Opinions

OPINION

ZAPPALA, Justice.

Appellant, Martin Colson, appeals a judgment of sentence of death for murder of the first degree imposed by the Court of Common Pleas of Bucks County.

The Commonwealth’s evidence established that decedent, Thomas Livezey, resided in Fountainville, Bucks County, and was involved in various business enterprises. Among other things, he was a painting contractor. On November 15, 1976, decedent received a call at home from a woman who identified herself as Melinda Kelly. The caller said she wanted an estimate for a painting job at a house into which she was about to move. Decedent referred her to his wife, Barbara Livezey. She took directions from the caller to a purported job site in Upper Bucks County. It was agreed that decedent would go to the site the following Saturday morning, November 20.

Decedent left home in a van on the morning of November 20. He and the van were next seen by passing motorists on Keystone Road in Upper Bucks County. Two of the motorists who stopped at the scene were Donald Landis and Frank Smolinsky. They observed the van parked with the door open and decedent lying on the road near the van. Landis had heard gunshots shortly before. State Trooper Thomas Stotsenburgh arrived at the scene and found decedent dead of gunshot wounds. There were shotgun wadding and shells near the body. Stotsenburgh found a clipboard with directions to the purported job site. The street on which the job was to be done did not exist.

After the killing, it was learned through investigation that decedent was a partner in real estate ventures with his brother, William, and that each of them held large insurance policies on the life of the other. The business was in debt, which led to disputes between the brothers. Early in [450]*4501976, decedent offered his brother $4,000 for his interest, which was refused. Decedent initiated legal proceedings to dissolve the partnership, which were in progress at the time of his death. The homicide made William the sole owner of the business. The business received $237,000 in life insurance proceeds. Debts were paid, and William netted $100,-000.

William Livezey and Appellant were linked to the homicide by Jerome Randis, who spoke to the State Police on March 22, 1979. Randis said that he was associated with Livezey and Appellant in the drug business. He was present at or party to conversations in which they spoke of their involvement in the killing. On one occasion after the killing, Livezey and Appellant discussed the killing and Appellant said he wanted money for it. During conversations between Appellant and Randis, Appellant said that he arranged to have decedent lured to the scene of the killing, that he shot decedent with a shotgun obtained from William Livezey, and that he then threw the shotgun into the Delaware river. Randis was present on another occasion when Appellant told a third person he did a “hit” for William Livezey. On still another occasion, Livezey told Randis he arranged to have Appellant kill decedent. A further link was provided by Daniel Thurber, another associate of Appellant. Thurber was with Appellant in Florida after the killing. He testified that Appellant told him he “shot a guy in Pennsylvania,” was paid for it, and threw the weapon in a river.

After Randis revealed his information, Barbara Livezey participated in a telephone “lineup” under the supervision of the State Police. She heard eight women speak over the telephone and identified one of them as the caller who directed decedent to the scene of the homicide. The woman she identified was Eva Colson, the wife of Appellant. Shortly after the “lineup”, Eva Colson left her residence, and according to the testimony of a state trooper at trial, she had not been located thereafter.

[451]*451In December 1978, William Livezey went to the office of James Hansley, Police Chief of the Borough of Lansdale, Montgomery County to pay some traffic fines. Hansley had been acquainted with both Livezey and decedent. He told Livezey he was a suspect in the murder on the basis of what was then known about his business dealings. Livezey said he had discussed the matter with the State Police and had been advised by his attorney not to say anything. On February 20, 1979, Hansley learned that there were warrants outstanding for Livezey’s arrest on drug charges. He attempted to locate Livezey and was not able to do so. Livezey’s whereabouts were unknown until September 17, 1979, when police were called to a residence in Lansdale where a disturbance was going on. Livezey’s girlfriend, Barbara Kelly came out of the residence. She said that Livezey was inside, had a gun, and was determined not to be taken alive. Hansley attempted to persuade Livezey to come out. When this failed, tear gas canisters were thrown into the residence. One canister came into contact with a curtain on a window and started a fire. Police entered the residence after the fire was put out and found Livezey dead of a self-inflicted bullet wound in the head.

Appellant claims to have been denied due process of law by delay in his arrest. Such claim, if accepted, would entitle him to a discharge. Appellant was arrested on February 20, 1980, which was more than three years after the crime. He argues that this was unfair because certain potential defense witnesses were dead or could not be located, those who could be located no longer had independent recollections of events, and Appellant himself no longer had a clear memory of events at the time of the murder. A state trooper gave reasons for the delay at a pre-trial hearing on this issue. The State Police did not believe they had probable cause to make any arrests until they spoke to Jerome Randis. After that, they determined that William Livezey and Martin and Eva Colson should be arrested. They desired to locate and arrest all three at the same time, fearing that if one were arrested, the other two would go [452]*452into hiding. They found that they were unable to locate any of the suspects in the Commonwealth. The State Police had information indicating that Appellant was in Wisconsin and Florida at different times. They followed leads in those states. Appellant was ultimately located and arrested in Tampa, Florida.

In United States v. Lovasco, 431 U.S. 783, 97 S.Ct. 2044, 52 L.Ed.2d 752 (1977), the Court addressed the question of delay in the filing of charges, which raises issues similar to those involved in a delayed arrest. The court held that proof of prejudice is a necessary, but not sufficient, condition for a finding of denial of due process. The prosecution is under no constitutional duty to file charges as soon as it obtains sufficient evidence to establish probable cause or prove guilt. It may delay doing so in order to continue its investigation. A delay for a reasonable investigation does not violate due process even if it adversely affects the defendant’s case. Lovasco involved an eighteen month delay in the filing of federal firearms charges. The delay was due to an investigation conducted for the purpose of finding co-conspirators. The Court determined that the delay for such purpose was reasonable. Consequently there was no denial of due process.

Commonwealth v. Crawford, 468 Pa. 565, 364 A.2d 660 (1976), involved a murder prosecution.

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

Related

Com. v. James, R.
Superior Court of Pennsylvania, 2024
Com. v. Strawn, S., Jr.
Superior Court of Pennsylvania, 2020
Com. v. Shivers, J.
Superior Court of Pennsylvania, 2018
Com. v. Johnson, K.
Superior Court of Pennsylvania, 2018
Shinal, M., et ux, Aplts. v. Toms M.D., S.
162 A.3d 429 (Supreme Court of Pennsylvania, 2017)
Com. v. Tedesco, T.
Superior Court of Pennsylvania, 2017
Com. v. Thomas, K.
Superior Court of Pennsylvania, 2017
Com. v. Chac, B.
Superior Court of Pennsylvania, 2016
Com. v. Lecates, R.
Superior Court of Pennsylvania, 2015
Com. v. Frawley, L.
Superior Court of Pennsylvania, 2014
Commonwealth v. Staton
12 A.3d 277 (Supreme Court of Pennsylvania, 2010)
Stevens v. Beard
701 F. Supp. 2d 671 (W.D. Pennsylvania, 2010)
State v. Galindo
774 N.W.2d 190 (Nebraska Supreme Court, 2009)
Commonwealth v. Robinson
864 A.2d 460 (Supreme Court of Pennsylvania, 2004)
Pursell v. Horn
187 F. Supp. 2d 260 (W.D. Pennsylvania, 2002)
Commonwealth v. Burke
781 A.2d 1136 (Supreme Court of Pennsylvania, 2001)
Holloway v. Horn
161 F. Supp. 2d 452 (E.D. Pennsylvania, 2001)
Commonwealth v. Weiss
776 A.2d 958 (Supreme Court of Pennsylvania, 2001)
Commonwealth v. Long
753 A.2d 272 (Superior Court of Pennsylvania, 2000)
Commonwealth v. Koehler
737 A.2d 225 (Supreme Court of Pennsylvania, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
490 A.2d 811, 507 Pa. 440, 1985 Pa. LEXIS 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-colson-pa-1985.