Commonwealth v. Lawson

386 A.2d 509, 478 Pa. 200, 1978 Pa. LEXIS 609
CourtSupreme Court of Pennsylvania
DecidedApril 28, 1978
Docket318
StatusPublished
Cited by11 cases

This text of 386 A.2d 509 (Commonwealth v. Lawson) 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. Lawson, 386 A.2d 509, 478 Pa. 200, 1978 Pa. LEXIS 609 (Pa. 1978).

Opinions

OPINION OF THE COURT

O’BRIEN, Justice.

Appellant, Charles H. Lawson, a/k/a Charles H. Lawson El, was convicted at a bench trial of murder of the first degree. Post-verdict motions were denied and appellant was sentenced to life imprisonment. This direct appeal followed.

The facts are as follows. At approximately 10:30 p.m., on July 27, 1974, Arthur Lewis was shot in front of his aunt’s home at 1335 Rodman Street in Philadelphia. The victim’s aunt, Lily Purnell, testified that she heard what sounded like two loud firecrackers. She went to the window of her home and saw Lewis lying on the ground. She noticed a young black man riding a bicycle at a fast rate of speed away from the scene of the shooting.

Officer Bernard Brosuski of the Philadelphia police department was in his patrol car on Rodman Street when he heard what he believed were two gunshots. When Officer Brosuski saw two black youths leaving the scene on bicycles, going very fast, he turned his car around and followed the pair. When the bicyclists split up, Officer Brosuski followed appellant and eventually caught up with him. When appellant was arrested, he was on his knees on the ground in a vacant lot. After appellant was taken away in a police wagon, Brosuski returned to the 1300 block of Rodman [203]*203Street and determined that a shooting had occurred. He then went to the location of appellant’s arrest and found a gun loosely buried in the dirt. The victim died two days later as a result of the gunshot wounds.

Appellant, a seventeen-year-old minor, arrived at the Police Administration Building at 10:55 p.m. Detective James Richardson attempted to contact appellant’s stepfather, but was unsuccessful originally. At 12 Midnight, appellant was given his constitutional rights, which he allegedly waived. Appellant then gave an inculpatory statement, telling police that he shot the victim to avenge the shooting of a friend.

During this time, police were able to contact appellant’s stepfather, who told police he would go to the stationhouse. Appellant’s stepfather and sister arrived at 4:25 a.m., and were allowed to confer with appellant for approximately thirty minutes. Following this consultation, appellant reiterated his confession, making a few minor changes. Both confessions were introduced at trial.

Appellant first argues that the evidence was insufficient to sustain his conviction of murder of the first degree. We do not agree.

In Commonwealth v. Rose, 463 Pa. 264, 267-68, 344 A.2d 824, 825-26 (1975), we stated:

“The test of sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth and drawing the proper inferences favorable to the Commonwealth, the trier of fact could reasonably have found that all of the elements of the crime had been established beyond a reasonable doubt. Moreover, it is the province of the trier of fact to pass upon the credibility of witnesses and the weight to be accorded the evidence produced. . . . The fact-finder is free to believe all, part, or none of the evidence.” (Citations omitted.)

The evidence presented at trial meets this standard in showing that this killing was “willful, deliberate and premeditated. . . . ” Act of December 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S.A. § 2502(a).

[204]*204Appellant next asserts that the suppression court erred in refusing to suppress the two confessions. He argues that since he was not afforded an opportunity to confer with an interested adult, his waiver of the Miranda rights was ineffectual, thus requiring suppression of the first confession. Further, since the second confession was taken without either explaining the applicable rights to appellant’s stepfather or rewarning appellant in his stepfather’s presence, appellant believes that statement should also be suppressed. We agree with appellant as to both confessions and grant him a new trial.

In Commonwealth v. McCutchen, 463 Pa. 90, 343 A.2d 669 (1975), we articulated a rule which held that any waiver of Miranda rights by a juvenile would be ineffectual unless the juvenile had the opportunity to consult with an interested and informed adult before waiving the Miranda rights. Furthermore, in Commonwealth v. Chaney, 465 Pa. 407, 350 A.2d 829 (1975), we held that even though a defendant’s arrest, confession and trial predated our decisions in Commonwealth v. McCutchen, supra; Commonwealth v. Starkes, 461 Pa. 178, 335 A.2d 698 (1975); and Commonwealth v. Roane, 459 Pa. 389, 329 A.2d 286 (1974), any defendant whose case was on direct appeal at the time of those decisions was entitled to their benefit,1 provided the issue was properly preserved. As appellant was never given such an opportunity for consideration, our McCutchen decisions require suppression of the first confession.

The Commonwealth advances three reasons why our McCutchen decisions should not be applicable. The Commonwealth first argues that appellant has waived the issue because of a lack of specificity in his suppression motion. The Commonwealth would have us hold the issue waived merely because the suppression motion contained no mention that appellant was a juvenile. We believe appellant’s sup[205]*205pression motion was sufficient to preserve this issue for our review.

First, and most important, the suppression motion in this case was filed one month before we announced our decision in Roane, supra. A general claim of ineffective waiver of Miranda rights is sufficient to preserve this juvenile confession issue. See Commonwealth v. Walker, 477 Pa. 370, 383 A.2d 1253 (1978). Compare Commonwealth v. Baylis, 477 Pa. 472, 384 A.2d 1185 (1978).

In his motion to suppress, appellant did allege:

1. The Commonwealth secured statements, both oral and written, which were in violation of the defendant’s constitutional rights.

2. The defendant was never warned of his constitutional rights and never waived them in a knowing, intelligent and voluntary manner.

The Commonwealth next argues that our decision in Commonwealth v. Hart, 471 Pa. 271, 370 A.2d 298 (1977) renders admission of the confession harmless error beyond a reasonable doubt. We disagree.

In Hart, we held that introduction of an otherwise illegal confession can be rendered harmless if the defendant took the stand and reiterated the confession. Here, however, appellant did not reiterate his confession, for his trial testimony substantially differed from both confessions. In the confessions, appellant told police the killing was motivated by revenge and he did the shooting. At trial, appellant’s testimony indicated that he went along out of fear of gang pressure and that he did not fire the gun.

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Commonwealth v. Roberson
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Commonwealth v. Lawson
386 A.2d 509 (Supreme Court of Pennsylvania, 1978)

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Bluebook (online)
386 A.2d 509, 478 Pa. 200, 1978 Pa. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lawson-pa-1978.