Commonwealth v. Granese

14 Pa. D. & C.5th 238
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedJuly 2, 2010
Docketno. 5003-05
StatusPublished

This text of 14 Pa. D. & C.5th 238 (Commonwealth v. Granese) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Granese, 14 Pa. D. & C.5th 238 (Pa. Super. Ct. 2010).

Opinion

ROGERS, J,

I. INTRODUCTION

Charles Angelo Gránese (petitioner) has appealed to the Superior Court of Pennsylvania from our order dated [240]*240December 4,2008 dismissing his petition pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §9541 etseq. We believe petitioner’s appeal is without merit.

II. PROCEDURAL BACKGROUND

Following a 16-day jury trial commencing on December 8, 2005 and concluding on December 30, 2005, petitioner was convicted of first-degree murder,1 possession of an instrument of crime with intent to employ it criminally,2 and false reports to law enforcement authorities.3 Petitioner was found not guilty of third-degree murder.4 The offense of possession of weapon with intent to employ criminally5 was withdrawn. Petitioner was sentenced to life without parole on the first-degree murder conviction. The court assessed no further penalty.

The facts underlying these convictions are as follows. Between 10:30 p.m. and 11 p.m. on July 3, 2005, petitioner brutally stabbed and murdered his wife, Christine Gránese (victim or wife). During the struggle that ensued, petitioner stabbed the victim repeatedly in the chest, face and back. Petitioner slit his wife’s throat from side to side leaving a large gaping wound on her neck. An autopsy performed on her body on July 4, 2005 showed that the victim suffered 10 lethal stab wounds to her body and multiple defensive stab wounds to her hands.

[241]*241The most significant of the wounds was one that passed through the victim’s chest wall and penetrated the aorta, where the coroner found 500 ccs. of blood and clots in the left pleural cavity. (N.T. trial, 12/14/05, pp. 36-37.) Additionally, there was a massive neck wound that started just to the right side (of the neck) and continued up toward the ear on the left side where it cut through the victim’s carotid artery. This was a very deep cut, which sliced through the skin and musculature in the victim’s neck. (N.T. trial, 12/14/05, p. 40.) Both chest and neck wounds were fatal wounds.

In the months preceding her murder, the victim discovered that her husband was having an extramarital affair with a woman, Andrea Maslanka, who worked for him. As petitioner’s obsession with this woman became more apparent, the victim started confronting petitioner about his behavior. The victim hired a private investigator, who confirmed the relationship between petitioner and Andrea Maslanka. The relationship with Maslanka became all consuming to petitioner, to the distress of his wife and family.

On July 2,2005, petitioner and his wife were scheduled to travel to their shore home in New Jersey for the July 4 weekend. The victim left on Friday, July 1, 2005, but petitioner stayed behind to see Ms. Maslanka. Andrea Maslanka had an angry exchange with petitioner that evening. She told him to get out and that their relationship was ended. Petitioner left a desperate message for Maslanka begging for forgiveness. He then went to New Jersey the next morning. When petitioner arrived at the shore home, the victim confronted him and they had a [242]*242very heated argument. Petitioner made excuses to return to Pennsylvania on Saturday afternoon intending to see his paramour. Maslanka, however, did not want to see petitioner and sent him away. Petitioner returned to the shore home on the evening of Saturday, July 2,2005 and found that his wife was gone. The victim left the shore home and returned home to Pennsylvania on Saturday, July 2, 2005. Still, petitioner and his wife continued to argue by telephone on Sunday, July 3, 2005.

On the evening of Sunday, July 3, 2005, the victim went to one of her daughters’ homes to baby-sit for her granddaughter. She returned home that night between 10:30 p.m. and 11 p.m. Petitioner entered the home shortly thereafter, and savagely inflicted multiple stab wounds to the body of his wife, in a most horrific way. Petitioner brutally murdered his wife. Then, in a cold and calculating fashion, petitioner placed a call on his cellular phone to his home phone immediately after killing her. He left a loving voicemail message in an attempt to conceal his role in this most tragic murder.

Petitioner then left Pennsylvania in an attempt to perfect his alibi. He drove his Jeep back to the New Jersey shore where he stopped for gas at a Wawa Store in South Jersey and obtained a credit card receipt as “proof” of his whereabouts. Petitioner again called his wife and left a caring message on the home phone voicemail to create a false impression for the investigating police.

Petitioner left the New Jersey shore at 2 a.m. on July 4,2005. He claimed that he was driving his Cadillac, but he was seen driving his Jeep. When petitioner returned to Pennsylvania, he hid his Jeep inside of his garage in [243]*243Bridgeport, Pennsylvania and drove his Cadillac to the residence to “discover” his wife’s murder.

On July 4, 2005, at 4:10 a.m., officers of the Norris-town Borough Police Department responded to 1513 Powell Street, Norristown, Pennsylvania, on the report of an unresponsive person. The officers found petitioner leaning over the lifeless body of his wife. The body was cold to the touch and covered in blood. Petitioner also had blood on his clothes. He told the officers that he had just returned from the shore and found his wife. Petitioner said that they kept large amounts of cash in the house suggesting robbery as a motive. Petitioner also mentioned that he and his wife argued recently over her spending too much money.

Members of the Forensic Sciences Unit of the Montgomery County Detective Bureau examined the scene of the homicide on July 4, 2005 and found no signs of forced entry on any of the doors or windows of the house. Several doors of the dining room hutch were fully opened and other valuables were plainly visible in the dining room. The detectives found a large sum of money beneath the hutch. The detectives ruled out robbery as a motive.

Petitioner told Montgomery County Detective Christopher Kuklentz and Lieutenant Mark Bernsteil that he arrived at the New Jersey shore sometime on Saturday, July 2,2005 and with the exception of one return trip on Saturday afternoon, stayed there until 2 a.m., July 4. 2005.

Petitioner’s daughter, Tina Singleton, said that she spoke with her mother by telephone several times throughout the weekend at the family shore home, which [244]*244is a trailer at Ocean World Trailer Park, New Jersey. Singleton said that her mother argued with petitioner throughout the weekend, and at least one of the arguments was very heated. Singleton said that her mother came to her Norristown home on Sunday evening, July 3, 2005, to baby-sit Singleton’s daughter. The victim left Singleton’s home between 10:30 p.m. and 11 p.m. that night. It was the last time that Singleton saw her mother alive.

On March 3, 2006, petitioner was sentenced by the undersigned. He filed a timely notice of appeal from the judgment of sentence on April 3,2006. The undersigned, by order dated April 6, 2006, directed petitioner to file a statement of errors complained of on appeal with the court, pursuant to Pa.R.A.P 1925(b)(1). Petitioner’s concise statement was timely filed on April 20, 2006.

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Bluebook (online)
14 Pa. D. & C.5th 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-granese-pactcomplmontgo-2010.