Commonwealth v. Odum

584 A.2d 953, 401 Pa. Super. 8, 1990 Pa. Super. LEXIS 3354
CourtSuperior Court of Pennsylvania
DecidedNovember 2, 1990
DocketNo. 00650
StatusPublished
Cited by8 cases

This text of 584 A.2d 953 (Commonwealth v. Odum) 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. Odum, 584 A.2d 953, 401 Pa. Super. 8, 1990 Pa. Super. LEXIS 3354 (Pa. Ct. App. 1990).

Opinion

CAVANAUGH, Judge:

This is a direct appeal following a judgment of sentence entered following a conviction of murder in the first degree and aggravated assault. Trial was held before Gavin, J. and a jury, which convicted the defendant on both counts, and on February 15, 1990 the defendant was sentenced to life imprisonment.

The facts of this case are as follows. On or about December 9, 1989, the decedent-victim, an 84 year old woman, sustained serious and numerous blunt trauma injuries, for which she was hospitalized. The victim was transferred to two other hospitals from December, 1988 through May, 1989. She eventually was transferred to the Pocopson Home, where she passed away. The Commonwealth asserted that the victim’s death was set in motion by the injuries received on or about December 9, 1988, and the defendant-appellant, who was the nephew of the victim and resided with her in her home, was the perpetrator of these injuries. At trial, defendant’s counsel presented a Motion in limine designed to preclude the Commonwealth from presenting [10]*10evidence of prior assaultive behavior. This motion was denied, and the Commonwealth was permitted to introduce this evidence to show malice, motive and intent. Cautionary instructions were given to the jury, which returned a guilty verdict at the close of trial, and the defendant received a life sentence. This appeal ensued.

Appellant raises one issue on appeal for our review. He contends that the trial court erred in denying his Motion in limine to suppress certain evidence, and then permitting the Commonwealth to present evidence of prior incidents of violence against the victim. For the reasons set forth hereafter, we affirm the judgment of sentence of the lower court.

We begin our analysis with the general standard of review. When reviewing evidentiary decisions of the lower court, the standard is well settled. “... [Admissibility of evidence is a matter addressed to the sound discretion of the trial court, and ... an appellate court may reverse only upon a showing that the trial court abused its discretion.” Commonwealth v. Claypool, 508 Pa. 198, 200, 495 A.2d 176, 178 (1985). Keeping this standard in mind, we now address appellant’s claim.

Specifically, appellant claims that the trial court erred in denying defendant’s Motion in limine because the four prior incidents were too remote in time to have any probative value or were not proven by substantive evidence. As such, appellant contends, since the admission of evidence relating to these incidents was highly prejudicial, the lack of probative value denied defendant his right to a fair trial.

The four incidents referred to in this appeal are as follows:

1. Attempted homicide against victim, August 1975. Defendant was sentenced to four to twenty-three months.
2. Attempted homicide against Pennsylvania State Trooper, responding to assault upon victim by defen[11]*11dant, July, 1978. Defendant was sentenced to two to four years.
3. Assault against victim by defendant, Spring 1985. No charges were filed.
4. Assault against victim by defendant some time in 1978 to 1988. No charges were filed.

We begin by addressing the remoteness claim. Appellant has contended in his brief that there is a “ten year gap” between some of the incidents {Brief for Appellant, at 13) and this lapse renders probative value negligible. Looking at the evidence in its proper context, our analysis requires a different outcome. While the time frame of all the incidents exceeds ten years, the incidents are spaced by far fewer. The first reported incident of physical abuse (defendant shot the victim in the face) was in 1975; three years later, a second one involving a physical attack on the victim by the defendant (defendant strangled his aunt until blood came out of her mouth); under seven years following that, a third assault by defendant upon victim; two years after that, a fourth alleged assault by defendant upon victim (defendant allegedly kicked the victim); then a year or two after that, the incident of physical abuse which led to the victim’s death (defendant again kicked the victim in the head and face). We refuse to consider the evidence entirely out of its sequential context, as appellant would require us to do. We also further note there were additional incidents which were not submitted to the jury, and that defendant was incarcerated at least some of the time between incidents. These factors would further act to reduce the time periods between incidents, as the involuntary separation removed the likelihood of any incidents occurring while defendant was in the custody of the Commonwealth.

The law on remoteness as bearing on evidentiary value in this type of situation has been stated clearly. Remoteness in time has been generally construed to be “... another factor to be considered in determining whether a prior incident ... [of abuse] tends to show that a second incident ... [of abuse] was an accident.” Commonwealth v. Dona[12]*12hue, 519 Pa. 582, 544, 549 A.2d 121, 127-128 (1988). The court further went on to note that three years is not unduly remote. On the furthest extreme, the Supreme Court of Pennsylvania has gone back as far as seventeen years in allowing evidence in a domestic violence situation. A husband had brutally murdered his wife, and evidence of a beating administered seventeen years prior was properly admissible as evidence of ill will and malice tending to show criminal intent. Commonwealth v. Patskin, 372 Pa. 402, 413-414, 93 A.2d 704, 712 (1953). Thus, the remoteness issue fails. Clearly this evidence is admissible, and the fact finder could properly determine its weight.

Here, since defendant has. raised the defense that he never intended to harm the decedent, this evidence was properly admissible to show intent, malice or absence of accident as an exception to the rule that prior bad acts are inadmissible. Commonwealth v. Potts, 388 Pa.Super. 593, 606, 566 A.2d 287, 294 (1989). Additionally, since the relationship between the decedent and the defendant is of critical importance to the Commonwealth’s case and necessary to show intent, any prejudice suffered by the defendant in this instance was outweighed by the fact that the relations between the parties is “... an integral point of the evidence establishing the intent of the defendant.” Commonwealth v. Glass, 486 Pa. 334, 344, 405 A.2d 1236, 1241 (1979). Finally, as three separate, limiting and cautionary instructions were given to the jury, (N.T. 1/31/90, at 288-90, 297, 361-2), the prejudicial impact was minimized. Thus, we find that the trial court did not abuse its discretion in ruling that the probative value of this evidence, despite the argued remoteness, outweighed its prejudicial effect.

Appellant also claims that the more recent events, specifically those in 1985 and 1987 or 1988, were not proven by substantial evidence and as such, are inadmissible.1 We are unpersuaded by this argument.

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Bluebook (online)
584 A.2d 953, 401 Pa. Super. 8, 1990 Pa. Super. LEXIS 3354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-odum-pasuperct-1990.