Commonwealth v. Elliott

700 A.2d 1243, 549 Pa. 132, 1997 Pa. LEXIS 1667
Supreme Court of Pennsylvania·Decided August 20, 1997·No. 0085 Capital Appeal Docket·Published·Cited by 50 cases

Opinions

OPINION

NIGRO, Justice.

On October 28,1994, following a jury trial, Appellant Joseph Elliott was found guilty of first-degree murder for the killing of Kimberly Griffith. The jury returned a verdict of death, and on December 8, 1994, the. trial court formally imposed the death sentence. This direct appeal followed. For the reasons presented herein, we affirm the judgment of sentence.

[140] In all capital cases, this Court is obliged to conduct an independent review of the record to determine whether the Commonwealth has established each of the elements necessary to sustain a conviction for first-degree murder. See Commonwealth v. Zettlemoyer, 500 Pa. 16, 26 n. 3, 454 A.2d 937, 942 n. 3 (1982), cert. denied, 461 U.S. 970, 103 S.Ct. 2444, 77 L.Ed.2d 1327 (1983), reh’g denied, 463 U.S. 1236, 104 S.Ct. 31, 77 L.Ed.2d 1452 (1983). In conducting such a review, we must examine the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the Commonwealth as verdict winner and determine whether the jury could find every element of the crime beyond a reasonable doubt. See Commonwealth v. Michael, 544 Pa. 105, 110-11, 674 A.2d 1044, 1047 (1996). To obtain a conviction for first-degree murder, the Commonwealth must prove that a human being was unlawfully killed; that the defendant did the killing; and that the killing was done intentionally. See 18 Pa.C.S. § 2502(a), (d) (1983); Commonwealth v. Wilson, 543 Pa. 429, 437-39, 672 A.2d 293, 297 (1996).

The relevant facts are as follows. At approximately 2:30 a.m. on May 7, 1992, Frank Nardone and Appellant, a black male, went to Purgatory, an after-hours nightclub in Philadelphia. Kimberly Griffith, a twenty-seven year old white female who worked at the club as a part-time bartender, was present with a friend. Appellant, Nardone, and Griffith, all of whom knew each other,1 began to socialize.

At approximately 4:00 a.m., Griffith accompanied Nardone and Appellant to Nardone’s house. Once there, Appellant and Griffith ingested cocaine in Nardone’s kitchen and bedroom. Appellant and Nardone then began giving Griffith a massage. Nardone, however, was intoxicated and soon passed out. At 1:30 p.m. that afternoon, Nardone awoke and discovered Griffith’s naked and battered body lying on a couch in his living room. After Nardone and a neighbor determined that she was dead, they summoned the police. Later that day, the [141] body was taken to the Medical Examiner’s office. An autopsy indicated that Griffith had died of strangulation, performed manually and with a cord,2 and had been beaten and dragged along the floor. The examination also revealed injuries to the vagina and anus, indicating forced sexual penetration. See N.T., 10/25/94, at 90-92, 101-03. Analysis of sperm found in the victim’s vagina indicated that the sperm could not have come from Nardone, but could have come from Appellant. See N.T., 10/24/94, at 145. At trial, the medical examiner stated that Griffith had survived for thirty to sixty minutes after the onset of the attack. See N.T., 10/25/94, at 103, 105. The medical examiner also stated that the death had occurred between 5:00 a.m. and approximately 9:00 a.m. See N.T., 10/27/94, at 128,143.

After speaking with Nardone on May 7, 1992, the police interviewed Appellant. He stated that he had had consensual sex -with Griffith after Nardone fell asleep. He also stated that the victim was alive when he left Nardone’s house. During the interview, police observed scratch marks on Appellant’s arms and body and a bruise in the shape of a straight line on the back of his right hand. He explained that one of the scratches was made by Griffith while he was having sex with her. He could not explain the others. See N.T., 10/24/94, at 193-94. At trial, Appellant indicated that he left the nightclub with Nardone and the victim around 4:00 a.m. and that he left Nardone’s house at approximately 10:00 a.m. See N.T., 10/26/94, at 140,184.

Also at trial, Lynn Cardinal, Barbera Gogos, and Iris Berson testified concerning prior, unrelated sexual and physical assaults inflicted upon them by Appellant. Each of these women are white and in their twenties. They were each attacked by Appellant in the early morning hours, and all had similar violence inflicted upon them. See N.T., 10/25/94, at 116-30; 10/26/94, at 3-22, 69-83.

[142] We find this evidence sufficient to demonstrate that Appellant beat and strangled Griffith and did so with the specific intent to kill. Thus, the jury could have found each element of first-degree murder beyond a reasonable doubt. See 18 Pa.C.S. § 2502(a), (d) (1983); Wilson, 543 Pa. at 437-39, 672 A.2d at 297.

On October 28, 1994, Appellant was found guilty of first-degree murder,3 rape,4 and involuntary deviate sexual intercourse (“IDSI”).5 After a penalty hearing, the jury found two aggravating circumstances and no mitigating circumstances.6 The jury therefore returned a verdict of death, which the trial court formally imposed on December 8, 1994.7 This direct appeal followed.8

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Commonwealth v. Elliott, 700 A.2d 1243, 549 Pa. 132, 1997 Pa. LEXIS 1667 (Pa. 1997).

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