Commonwealth v. Gill, R., Aplt.

206 A.3d 459
Supreme Court of Pennsylvania·Decided March 26, 2019·No. 65 WAP 2017·Published·Cited by 57 cases

Opinions

JUSTICE BAER

In this appeal, we examine whether the Superior Court properly applied the "abuse of discretion" standard of review when, in a published opinion, it reversed a trial court order that granted a criminal defendant's motion in limine to admit evidence of a subsequent similar crime committed by another individual. For the reasons that follow, we respectfully conclude that the Superior Court misapplied this standard of review. Consequently, we reverse in part and vacate in part the Superior Court's judgment and remand to the Superior Court with instructions.

The background underlying this appeal is relatively straightforward. On June 2, 2015, Trooper Charles Turik of the Pennsylvania State Police filed a criminal complaint *461against Robert Peter Gill, Jr. ("Appellant"), charging him with, inter alia , burglary, theft by unlawful taking, receiving stolen property, and criminal trespass. The supporting affidavit of probable cause explained, in relevant part, as follows.

On August 26, 2013, Trooper Turik was assigned to investigate an alleged burglary that occurred between July 26, 2013, and August 26, 2013, at Howard Speichler's residence on West Creek Road in French Creek Township. When Trooper Turik interviewed Speichler, he informed the trooper that someone had stolen $ 40,000 in $ 100 bills from his home. Speichler advised the trooper that he had been keeping the money in a bank bag inside of a lockbox in his basement and that the last time he knew that the money was still in the lockbox was July 26, 2013, when he placed his monthly deposit into the bag. Speichler explained that, since that time, he had not observed any signs of a forced entry into the home and that he suspected that the person who had stolen the money entered his home by way of the keypad for his garage door.

Speichler further stated that two persons knew both the garage code and where he kept his money: his neighbor and Appellant, who was Speichler's acquaintance. Speichler asserted that he did not suspect that his neighbor had stolen the money because Speichler had known her for over 25 years and trusted her. He further asserted that he had known Appellant for only a few years and that Appellant had financial problems, including a recent bankruptcy. Trooper Turik also interviewed Appellant, who admitted that he knew: about Speichler's money; that Speichler kept his money in the lockbox; and where Speichler put the key to that lockbox. The trooper's investigation also revealed, inter alia , that Appellant recently had purchased a truck for $ 19,000 and that he had paid for the truck with $ 100 bills.

Appellant was arrested and charged with the aforementioned crimes. Eventually, prior to his trial, Appellant filed a document entitled "Motion for Release of Investigatory Files/Omnibus Pretrial Motion." In the motion, Appellant averred that he had just became aware, by way of articles in local newspapers, that Speichler accused another unknown person of stealing money from a safe located in his home between May 1, 2016, and June 23, 2016. To inspect potential similarities between the 2013 and 2016 burglaries of Speichler's home, Appellant asked the trial court to enter an order allowing him access to the State Police's investigatory file concerning the 2016 incident. The court granted Appellant's motion.

On August 1, 2016, Appellant filed a document entitled "Motion In Limine for Admission of Evidence of Similar Crimes" ("Motion In Limine"). Building upon his previous motion, Appellant stated that his review of the State Police's file revealed substantial similarities between the 2013 burglary and incidents that occurred at Speichler's residence in 2016. Regarding the 2016 incidents, Appellant indicated that Speichler accused an unknown person of entering and burglarizing his home on two occasions - June 23, 2016, and June 26th or 27th of 2016.

Appellant stated that the allegations regarding the June 23, 2016, burglary appeared to be virtually identical to the circumstances surrounding the 2013 burglary that he was accused of perpetrating. Specifically, Appellant averred that the June 23, 2016, incident involved: (1) approximately $ 40,000 in stolen money; (2) money stolen from a safe/lockbox; (3) a perpetrator, perhaps known by Speichler, who used a key to access the safe/lockbox; (4) no sign of forced entry; rather, the perpetrator *462entered the home through a door that Speichler typically kept unlocked; (5) a perpetrator who knew about the safe/lockbox; and (6) a crime that occurred within a one-month time range. Appellant did not describe the alleged June 26/27, 2016, incident in detail. In fact, he conceded that this incident differed from the other two burglary allegations in that it involved a forced entry into Speichler's home.

Regarding the admissibility of evidence concerning both the June 23rd and June 26th/27th incidents, Appellant contended that "[e]vidence is always relevant and material if it tends to show a specific crime of which a [d]efendant stands accused was committed by someone else." Motion In Limine at ¶ 12 (citing Commonwealth v. Boyle , 470 Pa. 343, 368 A.2d 661, 669 (1977) ). More specifically, Appellant relied on the Superior Court's decision in Commonwealth v. Rini , 285 Pa.Super. 475, 427 A.2d 1385 (1981), for the proposition that a defendant may introduce evidence at trial that someone else committed a crime which bears a highly detailed similarity to the crime with which the defendant is charged. Motion In Limine at ¶ 14. Appellant further suggested that Speichler's two newer, 2016 burglary allegations raise questions as to Speichler's credibility and memory. Id. at ¶ 20.

On August 25, 2016, prior to the trial court ruling on his Motion In Limine, Appellant filed another document, which he entitled "Amended Motion In Limine for Admission of Evidence of Similar Crimes, Behavior and/or Acts" ("Amended Motion In Limine"). In this motion, Appellant indicated that Speichler's daughter, Sandra Speichler ("Sandra"), was prepared to testify that Speichler accused her of breaking into his home and stealing $ 30,000 in 1995. According to Appellant, Sandra also was willing to testify that Speichler had informed her that two other persons, William Flamm and Roy Hiles, had broken into his home and stolen tools. Thus, in addition to the 2016 incidents regarding Speichler's residence, Appellant asked the trial court to permit him to present evidence at trial that Speichler had accused Sandra, Flamm, and Hiles of stealing from his home.

On August 29, 2016, the trial court entertained oral argument on Appellant's Amended Motion In Limine. Appellant's argument was consistent with the position that he took in his written motions, i.e.

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Commonwealth v. Gill, R., Aplt., 206 A.3d 459 (Pa. 2019).

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