Commonwealth v. Payne

71 Pa. D. & C.4th 503, 2005 Pa. Dist. & Cnty. Dec. LEXIS 67
CourtPennsylvania Court of Common Pleas, Fayette County
DecidedMarch 17, 2005
Docketno. 351 of 2004
StatusPublished

This text of 71 Pa. D. & C.4th 503 (Commonwealth v. Payne) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Fayette County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Payne, 71 Pa. D. & C.4th 503, 2005 Pa. Dist. & Cnty. Dec. LEXIS 67 (Pa. Super. Ct. 2005).

Opinion

LESIONEN, J.,

CORRECTED OPINION & ORDER

[This corrected opinion and order is filed because some of the dates in the opinion and order filed March 16, 2005 were incorrect.]

And now, March 17, 2005, upon consideration of defendant’s omnibus pretrial motion for writ of habeas corpus and for suppression, the 146-page transcript of the preliminary hearing submitted at the hearing on said motion, and the briefs of counsel submitted on October 13,2004 andNovember 12,2004; the court hereby finds that the Commonwealth has established that the statements were voluntary by a preponderance of the evidence and the Commonwealth has presented sufficient evidence to support aprima facie case as to the charge of criminal homicide. A brief recitation of the evidence is necessary to an understanding of the issues raised: On June 5,2003, in the early morning, the defendant’s neighbor, Vic Benco, called the police to report that the defendant had found the body of her husband, Harold Eugene Payne, in his bed with a single gunshot wound to the head. The defendant and her son were the only persons present in the home at the time. Defendant was interviewed, and she provided a statement to the police on that date. Subsequently, after scientific analysis of the evidence found [506]*506at the crime scene, upon the defendant’s person, and in her purse, an arrest warrant was issued for her. She was invited to return to the state police barracks on December 17, 2003, gave another oral statement, and was subsequently arrested on the previously issued warrant. Portions of the defendant’s statements were used as part of the Commonwealth’s case at the preliminary hearing.

The first issue, logically, must be the admissibility of the defendant’s statements, since the statements could not be part of the proof of a prima facie case if they are suppressed. As noted above, the only evidence offered by the Commonwealth was the transcript of the preliminary hearing, from which this court makes the following findings:

(1) On June 5,2003, the defendant was asked to go to the barracks to be interviewed, and did not initially want to go.

(2) When advised repeatedly that such an interview was “just normal procedure,” she reluctantly, but voluntarily, agreed to go, and was transported to the barracks by one of the officers.

(3) Corporal Beverly Ashton provided defendant with coffee when the defendant complained of a dry mouth.

(4) The actual interview of June 5, 2003, was conducted at the state police barracks by Trooper Thomas Maher and Corporal Tobin. Defendant was “visibly shaken.”

(5) The defendant was not in custody on June 5,2003, but was interviewed for investigatory purposes. There is no evidence that she was the focus of the investigation at [507]*507the time of the interview, and there is no testimony to indicate that she was given Miranda warnings.

(6)Defendant was subsequently interviewed on December 17,2003, after the warrant for her arrest had been issued.

(7) That interview was also conducted at the Pennsylvania State Police barracks, where the defendant appeared voluntarily at the request of the officer.

(8) Miranda rights were read to the defendant, and she signed a waiver of those rights at 12:15 p.m. on that date. In addition to Trooper Maher, Corporal Beverly Ashton was also present. In addition to signing the waiver, the defendant also acknowledged understanding the Miranda rights orally, and she agreed to answer questions and give a statement.

The court notes that the quantity of evidence offered on the issue of suppression is unusually small. Neither party offered additional testimony at the hearing before the court, but both chose to rely on the transcript of the preliminary hearing, where suppression of the statements was not properly at issue. That said, the evidence that the statements were voluntarily given, and that the Miranda requirements were properly observed on December 17, 2003, is essentially unchallenged on this record. For these reasons, the court has no option but to hold that the Commonwealth has established the admissibility of the statements by a preponderance of the evidence at this point. Of course, the defendant may still choose to challenge the voluntariness of the statements at trial.

The pretrial issue most strenuously argued by the defense is whether or not the Commonwealth presented [508]*508sufficient evidence at the preliminary hearing to justify submitting the charge of criminal homicide to a jury. The standard for determining whether or not the Commonwealth has established a prima facie case at a preliminary hearing is well established:

“At the pretrial stage of a criminal prosecution, it is not necessary for the Commonwealth to prove the defendant’s guilt beyond a reasonable doubt, but rather, its burden is merely to put forth a prima facie case of the defendant’s guilt. Commonwealth v. McBride, 528 Pa. 153, 595 A.2d 589, 591 (1991). A prima facie case exists when the Commonwealth produces evidence of each of the material elements of the crime charged and establishes sufficient probable cause to warrant the belief that the accused committed the offense. Id. (citing Commonwealth v. Wojdak, 502 Pa. 359, 466 A.2d 991 (1983)). The evidence need only be such that, if presented at trial and accepted as true, the judge would be warranted in permitting the case to go to the jury. Commonwealth v. Marti, 779 A.2d 1177, 1180 (Pa. Super. 2001). Moreover, ‘[inferences reasonably drawn from the evidence of record which would support a verdict of guilty are to be given effect, and the evidence must be read in the light most favorable to the Commonwealth’s case. ’ Id. at 1180 (quoting Commonwealth v. Owen, 397 Pa. Super. 507, 580 A.2d 412, 414 (1990)).” Commonwealth v. Huggins, 575 Pa. 395, 836 A.2d 862, 866 (2003).

In turn, this standard is essentially identical to the standard for determining the sufficiency of the evidence after a conviction at trial:

“The standard we apply in reviewing the sufficiency of the evidence is whether viewing all the evidence ad[509]*509mitted at trial in the light most favorable to the verdict winner, there is sufficient evidence to enable the fact-finder to find every element of the crime beyond a reasonable doubt. In applying the above test, we may not weigh the evidence and substitute our judgment for the fact-finder. In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. Any doubts regarding a defendant’s guilt may be resolved by the fact-finder unless the evidence is so weak and inconclusive that as a matter of law no probability of fact may be drawn from the combined circumstances. The Commonwealth may sustain its burden of proof or proving every element of the crime beyond a reasonable doubt by means of wholly circumstantial evidence.

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Related

Commonwealth v. Crawley
526 A.2d 334 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Owen
580 A.2d 412 (Supreme Court of Pennsylvania, 1990)
Commonwealth v. Marti
779 A.2d 1177 (Superior Court of Pennsylvania, 2001)
Commonwealth v. Wojdak
466 A.2d 991 (Supreme Court of Pennsylvania, 1983)
Commonwealth v. Smith
568 A.2d 600 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. McBride
595 A.2d 589 (Supreme Court of Pennsylvania, 1991)
Commonwealth v. Huggins
836 A.2d 862 (Supreme Court of Pennsylvania, 2003)
Commonwealth v. Nahavandian
849 A.2d 1221 (Superior Court of Pennsylvania, 2004)
Commonwealth v. Karmendi
195 A. 62 (Supreme Court of Pennsylvania, 1937)

Cite This Page — Counsel Stack

Bluebook (online)
71 Pa. D. & C.4th 503, 2005 Pa. Dist. & Cnty. Dec. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-payne-pactcomplfayett-2005.