Commonwealth v. Mosley

637 A.2d 246, 535 Pa. 549
CourtSupreme Court of Pennsylvania
DecidedNovember 12, 1993
Docket70 E.D. Appeal Docket 1992
StatusPublished
Cited by20 cases

This text of 637 A.2d 246 (Commonwealth v. Mosley) 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. Mosley, 637 A.2d 246, 535 Pa. 549 (Pa. 1993).

Opinions

[551]*551 OPINION

NIX, Chief Justice.

This is an appeal from an Order of the Superior Court affirming the judgment of sentence imposed on Appellant James Mosley by the Court of Common Pleas. The issue presented for review is whether the Superior Court erred in refusing to set aside a verdict in a criminal case in which a juror and a police witness engaged in an ex parte conversation during the course of the trial. We hold that the trial court erred when it failed to question the juror about possible prejudice arising from the ex parte contact and therefore reverse.

On September 29, 1989, Appellant was convicted by a jury of terroristic threats,1 simple assault,2 recklessly endangering another person,3 and resisting arrest.4 The jury acquitted Appellant of aggravated assault.5 Additionally, the trial court found him guilty of the summary offenses of criminal mischief6 and disorderly conduct.7 Following trial, Appellant filed a Motion for Post-Trial Relief requesting a new trial and/or arrest of judgment. Appellant’s Motion was denied and he received an aggregate sentence of two years probation and was ordered to pay $1,431.03 in restitution and perform one hundred hours of community service.

Appellant’s conviction was based upon the following facts: On January 31, 1989, Appellant arrived at the East Fallow-field police station around midnight, where Officer Joseph Wilson was on duty. Appellant, appearing somewhat disconcerted, told Officer Wilson that he had been involved in an argument with a woman named Sharon Smith, and wanted to tell his side of the story before he was arrested.

[552]*552During this exchange, Officer Wilson was informed by the police dispatcher that Sharon Smith had called in a complaint. Officer Wilson then brought Appellant home in his police car in an attempt to mediate the dispute between the two parties.

After arriving at Appellant’s home, Officer Wilson met with an overwrought Sharon Smith. Several minutes later, Officer Wilson informed Appellant that he was under arrest for assault and rape.8 Appellant was placed in the police car and Officer Wilson made a radio call requesting assistance from South Coatesville, a neighboring municipality. Shortly thereafter, Sergeant Lewis Wilson, Officer Joseph Wilson’s brother, arrived at the scene.

While the two officers interviewed Sharon Smith, they heard some loud banging outside. Officer Joseph Wilson went outside to investigate and saw Appellant banging and kicking the inside of the police car. He then went over to the car and shouted at Appellant to stop. After Appellant continued to kick, Officer Wilson opened the car door in order to handcuff him. As the car door opened, Appellant lunged at Wilson and attempted to grab his gun while threatening to kill him. As the two men struggled, Sergeant Wilson ran outside and pulled Appellant off his brother. After several minutes of wrestling, the officers handcuffed Appellant, placed him back in the police car, and took him to the hospital.

At trial, Appellant gave a vastly different version of the events which occurred on the night in question. According to Appellant’s testimony, he was detained in the locked police car for more than thirty minutes while the two officers spoke with Sharon Smith. Appellant began to bang on the interior of the car in order to get the officers’ attention and gain his release. Appellant testified that Officer Joseph Wilson came outside, opened the car door and began to assault him. Officer Wilson then pulled Appellant from the car and continued the assault. When Sergeant Lewis Wilson heard the struggle, he ran outside to assist his brother. The two officers then beat Appellant into submission.

[553]*553The case was tried before a jury in order to resolve the disputed credibility questions. During a recess in the trial, Sergeant Lewis Wilson was observed having a conversation with one of the jurors outside the courtroom. Appellant requested that the juror be excused for cause and replaced by the first alternate.

In order to decide the matter, the trial judge conducted a voir dire hearing to determine the nature and extent of the conversation between Sergeant Wilson and the juror. The only witness at the hearing was Sergeant Wilson, who was questioned by both defense counsel and the Assistant District Attorney.

After the hearing, the trial judge made the following findings of fact and conclusions of law:

[Sergeant Lewis Wilson] and the juror were seated opposite each other in the lobby outside the courtroom in the presence of other jurors. Their conversation, which was loud enough for all to hear, lasted less than a minute and did not relate in any way to the case, Officer Wilson’s official duties, the court system, crime in general or jury duty. The juror mentioned that he lived in West Cain, to which Officer Wilson replied that West Cain had a “pretty good police department.” The juror then stated that he personally knew the department’s Chief Bicking. They also briefly discussed the growing population in the area and Officer Wilson stated that he lived in Coatesville and calls it “Little Philadelphia.”
... In the instant matter the communication did not relate in any way to the matter before the jury.
... While we certainly do not condone witness and juror interaction, we find, based on the evidence presented, that this non-secretive communication which was unrelated to the case, was at most, harmless error.

Commonwealth v. Mosley, No. 490-89, slip op. at 4-5 (C.P. Chester County April 4, 1991).

On appeal to the Superior Court, Appellant argued that the trial court erred in refusing to remove a juror with whom a [554]*554police witness had conversed during trial. The Superior Court held that “the interchange as a whole was a public one, made in the presence of other jurors and lasted less than a minute, did not relate to the case, the court system, crime in general, the witness or jury duty. It was an innocuous conversation.” Commonwealth v. Mosley, 421 Pa.Super 634, 612 A.2d 534 (Super.Ct. March 31, 1992). As a result, the Superior Court found that the trial court did not err in refusing to remove the juror. We disagree.

“The touchstone of a fair trial is the mandate, ‘that a defendant have a panel of impartial, indifferent jurors’ available to try his cause.” Commonwealth v. Richardson, 476 Pa. 571, 578, 383 A.2d 510, 514, cert. denied, Richardson v. Pennsylvania, 436 U.S. 910, 98 S.Ct. 2248, 56 L.Ed.2d 410 (1978) (citing Murphy v. Florida, 421 U.S. 794, 95 S.Ct. 2031, 44 L.Ed.2d 589 (1975)).

In Mix v. North American Co., 209 Pa. 636, 59 A. 272 (1904), we stated:

It has been said that the greatest object of civil government is to get twelve honest men in the jury box.

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Commonwealth v. Mosley
637 A.2d 246 (Supreme Court of Pennsylvania, 1993)

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637 A.2d 246, 535 Pa. 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mosley-pa-1993.