Commonwealth v. Gallman

48 Pa. D. & C.4th 413, 2000 Pa. Dist. & Cnty. Dec. LEXIS 241
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJune 23, 2000
Docketno. 0880
StatusPublished

This text of 48 Pa. D. & C.4th 413 (Commonwealth v. Gallman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Gallman, 48 Pa. D. & C.4th 413, 2000 Pa. Dist. & Cnty. Dec. LEXIS 241 (Pa. Super. Ct. 2000).

Opinion

FITZGERALD III, J.,

Before this court are motions by WPVI-TV to proceed as an intervening party, and to be allowed access to and the right to reproduce or copy a certain videotaped “confession” given by the defendant, James Gallman, to Philadelphia police officers prior to trial, and which was introduced in the Commonwealth’s case in chief during the defendant’s trial.

The issues have been argued and briefed by the parties.

By stipulation, the defendant, James Gallman, via trial counsel, Joseph Santaguida, Esquire, joins with the Commonwealth in opposing the motions of WPVI-TV. Counsel for defendant did not formally appear at the hearings regarding the motions and did not file any formal brief.

BRIEF SUMMARY OF TRIAL

The defendant, James Gallman was arrested on or about February 1,1999, and charged with the murder of his 2-year-old stepson, Vladmir Marchuk, who died on January 31,1999, as a result of receiving “blunt trauma” blows to the abdomen, while the defendant was caring for him.

On August 4, 1999, a bench trial was conducted before this court, and the defendant was found guilty of third-degree murder. On November 9, 1999, the defen[415]*415dant was sentenced to a term of incarceration of not less than seven years, nor more than 20 years at a state correctional institution. Thereafter, no direct appeal was taken by the defendant.

After being arrested, the defendant gave a statement to Homicide Detective Michael Walter, wherein he admitted to supervising the child, and attempting to “discipline” him by administering corporal punishment. The defendant stated that he struck the child four times, and hit him “harder than normal.”

The defendant’s statement was reduced to writing and signed by the defendant, and admitted into evidence. After executing the written statement, the defendant was re-interviewed, and the statement was reviewed by Detective Walter and the defendant together, and the defendant admitted that the statement was true and voluntarily given. This “statement,” that is, the review of the written statement, was videotaped by the police, with the defendant’s consent, and was also admitted into evidence, and shown to the court, acting as trier of fact. It is this videotaped “confession” that is the subject of the within litigation.

WPVI-TV was given access to the videotaped statement, for the purpose of viewing it, but moves this court to allow it to copy the tape for purposes of dissemination of the tape as it relates to the issue of the use of videotaped confessions at trial.

I. WPVI-TV’s Application To Intervene

The Commonwealth, in its brief, does not address the issue of the right of WPVI-TV to intervene. Furthermore, as a public news agency, WPVI-TV has a right to at[416]*416tempt to intervene in order to attempt to obtain relief. In matters affecting the purported right of the public, and, or, the news media to access and possibly subsequently disseminate court documents, or, other information obtained from evidence admitted at a criminal trial, representatives of the news media have frequently filed a “petition to intervene” in order to obtain judicial relief. See Commonwealth v. Lambert, 723 A. 2d 684 (Pa. Super. 1998); Commonwealth v. Hayes, 489 Pa. 419, 414 A.2d 318 (1980); Capital Cities Media Inc. v. Toole, 506 Pa. 12, 483 A.2d 1339 (1984).

Generally, whether to allow intervention or not is a matter of the trial court’s discretion, and the trial court’s decision will not normally be disturbed absent a manifest abuse of discretion. Further, the trial court will not be found to have abused its discretion unless the record reflects that the judgement exercised by the trial court was manifestly unreasonable or the result of partiality, prejudice, bias, or ill will.

In the instant matter, this court finds that the application of WPVI-TV to intervene is meritorious. The sought for videotaped confession is a “judicial document” or “public record,” subject to the public’s asserted right to inspect and, or, copy. See Commonwealth v. Fenstermaker, 515 Pa. 501, 530 A.2d 414 (1987); United States v. Criden (I), 648 F.2d 814 (3d Cir. 1981); See also, In re Application of National Broadcasting Company Inc., 635 F.2d 945 (2d Cir. 1980).

Accordingly, WPVI-TV’s application to intervene is granted.

[417]*417II. WPVI-TV’s Motion To Copy the Videotaped “Confession, ” Which Was Introduced at Trial

This court is not aware of any Pennsylvania case decision on the specific issue of the release of a videotaped “confession” of a criminal defendant. However, videotapes admitted into evidence at trial have been the subject of litigation regarding the public’s (media’s) right to access.

In United States v. Criden (I), 648 F.2d 814 (3d Cir. 1981), the Third Circuit Court of Appeals reversed the United States District Court for the Eastern District of Pennsylvania, and ruled that television networks were entitled to copy video and audio “surveillance” tapes of purported criminal activity between criminal defendants and third parties, which were admitted as evidence at trial, for the purpose of disseminating the tapes and information to the public. The basis for the decision was:

(1) That there was a strong common-law presumption of access, and there was an educational and informational benefit to the public by release of the evidence which raised significant issues of public interest. See Nixon v. Warner Communications Inc., 435 U.S. 589, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978);

(2) That there was a strong presumption that material introduced at trial should be made reasonably accessible to the public in a manner suitable for copying and dissemination;

(3) That the rebroadcast of the videotapes of the (criminal) defendants’ activities, which were admitted into evidence and played for the jury, could not be appropriately considered as “enhanced punishment” of the defendants;

[418]*418(4) That the rebroadcast of evidence already admitted into trial was far less likely to create a “circus or stadium atmosphere” than concurrent (to trial) broadcasting of video evidence;

(5) That although the rebroadcast of videotaped evidence could serve to prejudice the potential jurors in defendants’ future litigation, this problem did not outweigh the public’s interest in dissemination of the court materials where the future use of voir dire of potential jurors would protect the defendants’ rights to a fair trial;

(6) That possible harm or prejudice to third parties could be addressed by judicious excision of the videotapes.

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Related

Estes v. Texas
381 U.S. 532 (Supreme Court, 1965)
Nixon v. Warner Communications, Inc.
435 U.S. 589 (Supreme Court, 1978)
Commonwealth v. Fenstermaker
530 A.2d 414 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Hayes
414 A.2d 318 (Supreme Court of Pennsylvania, 1980)
Commonwealth v. Lambert
723 A.2d 684 (Superior Court of Pennsylvania, 1998)
Philadelphia Newspapers, Inc. v. Jerome
387 A.2d 425 (Supreme Court of Pennsylvania, 1978)
PG Publishing Co. v. Commonwealth
614 A.2d 1106 (Supreme Court of Pennsylvania, 1992)
Capital Cities Media, Inc. v. Toole
483 A.2d 1339 (Supreme Court of Pennsylvania, 1984)
Commonwealth v. Davis
635 A.2d 1062 (Superior Court of Pennsylvania, 1993)
United States v. Criden
648 F.2d 814 (Third Circuit, 1981)
United States v. Criden
681 F.2d 919 (Third Circuit, 1982)

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Bluebook (online)
48 Pa. D. & C.4th 413, 2000 Pa. Dist. & Cnty. Dec. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-gallman-pactcomplphilad-2000.