Commonwealth v. Moran

5 A.3d 273, 2010 Pa. Super. 152, 2010 Pa. Super. LEXIS 2620, 2010 WL 3211958
CourtSuperior Court of Pennsylvania
DecidedAugust 16, 2010
Docket2281 EDA 2008
StatusPublished
Cited by9 cases

This text of 5 A.3d 273 (Commonwealth v. Moran) is published on Counsel Stack Legal Research, covering Superior 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. Moran, 5 A.3d 273, 2010 Pa. Super. 152, 2010 Pa. Super. LEXIS 2620, 2010 WL 3211958 (Pa. Ct. App. 2010).

Opinions

OPINION BY

BENDER, J.:

Fred Charles Moran appeals the judgment of sentence imposed following his conviction of Bribery in Official and Political Matters, 18 Pa.C.S. § 4701. Moran contends that the evidence adduced was not legally sufficient to establish that he acted with criminal intent and/or to gain an unlawful benefit as required by the statute. In addition, he contends that the trial court abused its discretion in denying counsel’s requests to instruct the jury on culpability in conformity with 18 Pa.C.S. § 302. Upon review, we find the evidence more than ample to sustain Moran’s conviction. Moreover, in view of the measure of intent inherent in the language of the bribery statute and the overwhelming nature of the evidence of intent in this case, we find no abuse of discretion in the trial court’s refusal to instruct the jury in conformity with 18 Pa.C.S. § 302.

The trial judge, the Honorable Harold A. Thompson, Jr., S.J., ably summarized the facts of this case in his Opinion pursuant to Pa.R.A.P. 1925(a):

Defendant was a well-known politician in Haverford Township (“Township”), Delaware County, Pennsylvania. He had served for many years as a Township Commissioner. Several years ago, the Commonwealth sold its interests in a several hundred acre parcel located entirely within the Township and formerly operated as the Haverford State Mental Hospital, to the Township for its use. The Township’s proximity to Philadelphia, the relative lack of undeveloped land within the Township, and availability of undeveloped open space in the parcel made this sizeable realty transfer a very valuable asset. The Township examined many opportunities and options to determine the best use for the real estate consistent with its obligation to the people of the Township both as stewards of its development and as conservators of open space for the greater good.
In February 2003, the Township Commissioners, by a 5-to-4 vote, decided to retain the services of a consultant ... to supervise the disposition of the parcel.... [The consultant] prepared and issued a Request for Proposals to solicit bid proposals for the property. In December 2003, the developer Goldenberg-Pohlig, doing business as Haverford Hills, L.P. (“HH”), was selected to develop the ground and the Township preliminarily agreed to sell about 61 acres for about $30.65 million dollars.
* * *
The original sale arrangement became unworkable when [Commissioner Andrew] Lewis discovered, in September of 2004, that HH planned on using 74 acres of the Haverford Hospital grounds (including roads) even though the agreement only called for a transfer of a 61 acre parcel. [Commissioners] Lewis and D’Emilio commenced informal discussions with HH. On November 15, 2005, the Township’s Commissioners officially voted to rescind the prior agree[276]*276ment and approved formal renegotia-tions with HH. New discussions took place which resulted in new terms. A restructured arrangement, negotiated in November 2005 and approved at [the] Board of Commissioners meeting the following month involved the transfer of slightly less than 40 acres and a price tag of $17 million. It contemplated the development of 198 age-restricted condominiums, 100 age-restricted carriage houses and 80 single family dwellings. These units would only be made available to people 55 years or older and allowed no school-age children to live there on a permanent basis. In addition, the revised arrangement made practical the prospect of including 6 ball-fields in the development (a component of the prior arrangement but which was not possible on the steep slopes as specified in the plans under the original proposal).
After the major aspects of the new arrangement were the subject of an agreement in principal [sic] (but before the terms were memorialized in writing), the Township’s Commissioners convened a special budget meeting to address a potential budget shortfall for the following calendar year. Several proposals were discussed. One, suggested by Defendant, sought to accelerate the collection of real estate taxes by seeking HH’s cooperation in prepaying about a half million dollars in realty taxes to cover the budget. Commissioner D’Emilio posed the critical question: why would HH agree to such an arrangement? Defendant responded that HH might be accommodating if the Township could accelerate the development process. Lewis then suggested that he and [Defendant] could make a presentation to Todd Pohlig, a principal at Goldenberg-Pohlig (the development partnership), on a telephone call. However, Lewis did not ask [Defendant] what [he] intended to say.
Just before the Township meeting in mid-December, where the new arrangement was to be presented and ratified, a final negotiation took place where the Township agreed to drop the age-restricted designation (to age-targeted) for the condominium units in exchange for HH’s agreement to increase the cash consideration by $500,000 and a concession to eliminate the single family homes and increase the number of condominiums. The additional half-million dollars was couched as a contribution to Haver-ford Township to be used exclusively towards construction of a nature center or walking trails. This arrangement was accepted by the parties.
On December 20, 2005, Defendant and Lewis placed a phone call to Michael Lawry, development director for Gold-enberg Group[,] which was acting as the project manager for Goldenberg-Pohlig in connection with the Haverford State tract development. It was, by all accounts, a brief call. Lewis opened by saying the [Defendant] had something to ask. [Defendant] then said words to the effect, if the purchase price is increased by $500,000 the zoning process will be expedited. [Defendant] off-handedly used the word “extortion” during the call.[1] Lawry responded that he would [277]*277take the matter under advisement. Lawry was concerned by this prospect because in his prior dealings with [Defendant], it was apparent that [Defendant] wielded power in the Township and was “probably in a position to influence the [development] process.”
Lawry was also aware that anything which could slow the development process could adversely [e]ffect its financial viability. Unless and until local approvals were received, the actual construction could not begin. At least one such approval, a land use approval, would be secured through direct application through the Township’s Board. In addition, ... the property, while operated as a State Hospital, was in an area zoned for institutional use. The contemplated development would require the developer to secure relief from the existing zoning to accommodate the use of the grounds for residential purposes. This process could be handled either as a change of the local zoning ordinance or an application for a conditional use-either of which would also be considered by the Board. [T]he zoning issue could [also] be addressed by the developer through an application handled by the local zoning hearing [b]oard as a special exception or as a request for a variance. In the meantime, [however,] any delay would not abate the accruing costs and investment expenses incurred by HH as the project moved forward.
Shortly after the phone call, Lawry received another call. This time it was Lewis alone. Lewis explained that he did not know what [Defendant] was going to say and that he “disavowed any suggestion that the zoning in the Township was for sale.”

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Related

In Re: Payne, J., III Appeal of: Com. of Pa
Superior Court of Pennsylvania, 2015
Commonwealth v. Moran, Aplt
104 A.3d 1136 (Supreme Court of Pennsylvania, 2014)
Scarantino v. Public School Employees' Retirement Board
68 A.3d 375 (Commonwealth Court of Pennsylvania, 2013)
Commonwealth v. Moran
5 A.3d 273 (Superior Court of Pennsylvania, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
5 A.3d 273, 2010 Pa. Super. 152, 2010 Pa. Super. LEXIS 2620, 2010 WL 3211958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-moran-pasuperct-2010.