Commonwealth v. Moran, Aplt

104 A.3d 1136, 629 Pa. 68, 2014 WL 6491605, 2014 Pa. LEXIS 3044
Supreme Court of Pennsylvania·Decided November 20, 2014·No. 39 MAP 2011·Published·Cited by 24 cases

Opinions

OPINION

Justice EAKIN.

This appeal by Fred Charles Moran challenges the sufficiency of the evidence in support of his conviction for bribery in official and political matters, 18 Pa.C.S. § 4701. It also raises the question of whether this is a strict liability crime, and if not, requires us to determine the appropriate mens rea for such offense. We hold § 4701 is not a strict liability crime; the mens rea for this offense is the Crimes Code’s “default” culpability provision, id., § 302(c). As such, there was sufficient evidence to support appellant’s conviction. We further hold that while the trial court erred in its instructions to the [72]*72jury regarding intent, such error was harmless here. Accordingly, we affirm.

In 2003, appellant was an elected member of the Board of Commissioners of Haverford Township, Delaware County. The board decided to sell a 209-acre parcel of land on which the former Haverford State Mental Hospital was located. Appellant and Commissioner George Twardy comprised the “liaison committee” authorized to negotiate with potential buyers on behalf of the township. The firm of Goldenberg-Pohlig (GP) entered a preliminary sales agreement with the board, pursuant to which GP would pay $30.65 million for 61 acres of the parcel, on which it would develop residential properties and build six ball fields; GP paid a refundable $5 million deposit to the township.

In 2004, appellant and Twardy were removed from the liaison committee. One of their replacements, Commissioner Andrew Lewis, believed the agreement with GP was unworkable; he learned GP intended to develop an additional 15 acres beyond what it paid for, and the ball fields could not be constructed due to steep topography. The board formally rescinded the prior preliminary sales agreement and authorized the continuation of negotiations with GP.

In November, 2005, the parties reached a new agreement; GP would pay $17 million for 38 acres, on which it would develop “age-restricted” condominiums and carriage houses, along with single-family homes. The parties subsequently verbally altered its terms, such that GP would donate an additional $500,000 to the township for construction of a nature center or walking trails on the parcel; in exchange, the condominiums and carriage houses were more loosely designated as “age-targeted” and GP was no longer obligated to construct single-family homes. The board formally approved these new terms and authorized preparation of a written final sales agreement.

On December 19, 2005, the board held a special public meeting to address a looming revenue shortfall for the upcoming year. During the meeting, as Lewis recalled in his trial [73]*73testimony, appellant proposed accelerating the collection of real estate taxes as a way to raise revenue; particularly, he suggested having GP pre-pay $500,000 of the 2006 realty taxes on the 38-acre parcel. See N.T. Trial, 11/19/07, at 104. When another commissioner asked appellant why GP would consider pre-paying these taxes, appellant responded, “[W]ell, maybe they want to accelerate this process, get it moving.” Id. Appellant expressed displeasure with the prospect of budget cuts and stated the township “should have income coming in from [the parcel].” Id. Lewis suggested he and appellant call a representative of GP so appellant could present his proposal. Id.

The next day, Lewis and appellant had a phone conversation ■with Michael Lawry, a principal with GP. Lewis informed Lawry the board was addressing a budgetary shortfall and told him appellant had a proposal. Appellant then said to Lawry, “[C]all it extortion, call it what you will. We need $500,000, and we’ll accelerate the zoning. We’ll get you the zoning approvals you need and accelerate the process.” Id., at 112. Lewis recalled Lawry asked whether the $500,000 was included in the $17.5 million, and appellant indicated it would be added to the purchase price. See N.T. Trial, 11/20/07, at 93. Lawry responded he was not in a position to answer but would discuss the matter with others at GP and get back in touch with appellant and Lewis. A few minutes later, Lewis called Lawry back and told him, “I want no part of that conversation. Haverford Township is not in the business of selling zoning.” N.T. Trial, 11/19/07, at 113. Lewis testified he called appellant the next day and essentially told him the same thing. Id.

No one from GP took any formal action in response to appellant’s offer, and the parcel’s sale price remained unchanged. The parties did not finalize a contract of sale until April, 2007, which the board formally approved in May, 2007.

In April, 2007, appellant was charged with three counts of bribery, one for each of the three subsections of 18 Pa.C.S. § 4701, which provides:

[74]*74(a) Offenses defined. — A person is guilty of bribery, a felony of the third degree, if he offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another:
(1) any pecuniary benefit as consideration for the decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter by the recipient;
(2) any benefit as consideration for the decision, vote, recommendation or other exercise of official discretion by the recipient in a judicial, administrative or legislative proceeding; or
(3) any benefit as consideration for a violation of a known legal duty as public servant or party official.

Id., § 4701(a).

At trial, appellant requested the trial court instruct the jury it could convict him only upon proof of the mens rea prescribed in 18 Pa.C.S. § 302(c), which provides general culpability requirements apply when a criminal statute does not include an explicit mens rea.1 The trial court denied appellant’s request, concluding in light of the language of § 4701 and the compelling evidence of appellant’s intent, an instruction regarding § 302(c) was unnecessary. Over appellant’s objection, the trial court gave a jury charge on bribery that tracked the language of § 4701(a) and was substantially similar to Pennsylvania Suggested Standard Jury Instruction 15.4701B.2 During deliberation, the jury twice requested the [75]*75trial court repeat the definition of bribery; the trial court reread its initial charge both times, and appellant objected each time. The jury convicted appellant of all three counts of bribery, and he was sentenced to an aggregate term of six months probation and a $10,000 fine.

Following the denial of his post-sentence motions, appellant appealed to the Superior Court, arguing the evidence was insufficient to establish he acted with the intent to gain an unlawful benefit because he would not have received any direct or personal benefit from the $500,000 he solicited from GP and Lawry. Appellant further claimed the trial court abused its discretion in denying his requested jury charge regarding culpability as defined in § 302(c).

The Superior Court rejected appellant’s sufficiency claim and found no abuse of discretion in the trial court’s refusal to [76]*76instruct the jury in conformity with § 302(c). Commonwealth v. Moran,

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Commonwealth v. Moran, Aplt, 104 A.3d 1136, 629 Pa. 68, 2014 WL 6491605, 2014 Pa. LEXIS 3044 (Pa. 2014).

104 A.3d 1136 (Commonwealth v. Moran, Aplt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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