Commonwealth v. Palsa

555 A.2d 808, 521 Pa. 113, 1989 Pa. LEXIS 53
CourtSupreme Court of Pennsylvania
DecidedMarch 6, 1989
Docket59 M.D. Appeal Dk., 1987
StatusPublished
Cited by52 cases

This text of 555 A.2d 808 (Commonwealth v. Palsa) 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. Palsa, 555 A.2d 808, 521 Pa. 113, 1989 Pa. LEXIS 53 (Pa. 1989).

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

On December 15, 1983, in a trial by jury in the Court of Common Pleas of Centre County, the appellant, Edward Andrew Paisa, was convicted of criminal attempt as a result of his efforts to gain possession of fifteen pounds of marijuana with the intent to deliver the substance to others. A sentence of six to twenty-four months imprisonment was imposed. An appeal was taken to the Superior Court, and, in a memorandum decision, the judgment of sentence was affirmed. 365 Pa.Super. 645, 526 A.2d 814. We granted allowance of appeal.

[115]*115The factual background of this case is as follows. On March 28, 1983, a trooper of the Pennsylvania State Police was summoned to the scene of a one-car motor vehicle accident. The driver of the wrecked vehicle, Richard Silvoy, exhibited impaired behavior and was immediately arrested for driving under the influence of a controlled substance. A search of the vehicle was conducted, and fifteen pounds of marijuana were recovered. Silvoy was then arrested for drug offenses and transported to a medical facility where tests revealed that he was under the influence of cocaine. Later, Silvoy was taken to a state police barracks, where, after several hours, he agreed to cooperate with an investigation relating to the marijuana recovered from his vehicle.

Silvoy then spoke with an investigating officer, Trooper Ranee Morey, and made statements implicating appellant as a drug offender. The statements recounted certain transactions and conversations between Silvoy and appellant. Silvoy subsequently became a fugitive from justice and was not available to testify at appellant’s trial, but, despite objections from defense counsel alleging hearsay, Trooper Morey was permitted to testify to the statements in question.

Morey testified to Silvoy’s statement that, at the time of his auto accident, he had been on his way to deliver marijuana to a man known as “Ed” residing at 116 East Irvin Street in State College, Pennsylvania. Morey also recounted Silvoy’s statement that, just one day prior to the accident, he had sold the same man a pound of marijuana for a sum of $500.00, and, further, that the man had given him an extra $500.00 as a down payment on an order of fifteen additional pounds.

Appellant was shown at trial to be the individual referred to in Silvoy’s statements as “Ed.” Appellant contends, therefore, that the foregoing testimony constituted inadmissible and highly prejudicial hearsay, and that a new trial is warranted. The Commonwealth asserts, however, that the testimony was properly admitted on grounds it was not [116]*116offered for the truth of matters asserted, but rather to explain the course of subsequent police conduct. The Commonwealth notes that, in the trial court’s charge to the jury, an instruction was given that this testimony should not be considered as substantive evidence of guilt, and that it could be considered only as providing a foundation for understanding why police took subsequent actions. The subsequent actions taken by police were described as follows in Trooper Morey’s testimony.

After hearing the heretofore described statements from Silvoy, Morey enlisted Silvoy’s cooperation in an investigative effort. Morey drove Silvoy in an undercover car to the address in State College where “Ed,” to wit, appellant, resided. Morey, posing as a business associate of Silvoy’s, remained in the car and sent Silvoy into appellant’s residence to inform appellant that the fifteen pounds of marijuana were ready for delivery, and to request payment therefor. A few minutes later Silvoy returned to the car and handed $1,500.00 to Morey. This sum corresponded to the price of three pounds of marijuana. Silvoy was then sent back into the residence to tell appellant that the deal was for fifteen pounds, rather than three pounds, and that full payment was due. Soon thereafter Silvoy again returned to the car, and, after a few minutes, he and Morey drove away from the scene.1

Two hours later, Silvoy and Morey returned to the scene, and Morey sent Silvoy to appellant’s residence to ask appellant to come out to the car to discuss the deal. Appellant [117]*117complied, and, upon arriving at the car, said, “Hey, man, what’s going on? Why can’t we do the deal?” Appellant acknowledged that he had originally agreed to purchase fifteen pounds but said he could accept only three pounds because he lacked sufficient funds to purchase the rest. The three pound purchase was rejected by Morey. Appellant then inspected the marijuana and made a counterproposal, offering to pay for six pounds immediately, with payment for an additional five pounds to be made an hour later, and payment for the remaining pounds to be made the following day. Appellant said this proposal would allow him to show the marijuana to acquaintances who could furnish additional funds. Morey rejected this offer too. At various times during this conversation appellant requested a return of the $1,500.00 that he had earlier given Silvoy, but he ultimately withdrew this request and told Morey to keep the money because he had learned a “fifteen hundred dollar lesson.” Finally, appellant exited from the car and returned to his residence. He was subsequently placed under arrest.

We do not believe that the course of police conduct described by Trooper Morey, leading to appellant’s arrest, warranted admission of the challenged statements. It is, of course, well established that certain out-of-court statements offered to explain a course of police conduct are admissible. Such statements do not constitute hearsay since they are not offered for the truth of the matters asserted; rather, they are offered merely to show the information upon which police acted. Commonwealth v. Sneed, 514 Pa. 597, 606-07, 526 A.2d 749, 754 (1987); Commonwealth v. Cruz, 489 Pa. 559, 565, 414 A.2d 1032, 1035 (1980) (police responded to radio call reporting a disturbance); Commonwealth v. Sampson, 454 Pa. 215, 219, 311 A.2d 624, 626 (1973) (police declined to arrest an individual who asserted his innocence); Commonwealth v. Tselepis, 198 Pa.Super. 449, 452, 181 A.2d 710, 712 (1962) (police acted upon informant’s tip that defendant was conducting a lottery). See also Common[118]*118wealth v. Underwood, 347 Pa.Super. 256, 261, 500 A.2d 820, 822 (1985) (“This Court has repeatedly upheld the introduction of out-of-court statements for the purpose of showing that based on information contained in the statements, the police followed a certain course of conduct that led to the defendant’s arrest.”).

Nevertheless, it cannot be said that every out-of-court statement having bearing upon subsequent police conduct is to be admitted, for there is great risk that, despite cautionary jury instructions, certain types of statements will be considered by the jury as substantive evidence of guilt. Further, the police conduct rule does not open the door to unbounded admission of testimony, for such would nullify an accused’s right to cross-examine and confront the witnesses against him.

In McCormick, Evidence § 249, at 734 (Cleary 3rd ed.

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Bluebook (online)
555 A.2d 808, 521 Pa. 113, 1989 Pa. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-palsa-pa-1989.