Commonwealth v. Russell

938 A.2d 1082, 2007 Pa. Super. 376, 2007 Pa. Super. LEXIS 4139
CourtSuperior Court of Pennsylvania
DecidedDecember 12, 2007
StatusPublished
Cited by81 cases

This text of 938 A.2d 1082 (Commonwealth v. Russell) 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. Russell, 938 A.2d 1082, 2007 Pa. Super. 376, 2007 Pa. Super. LEXIS 4139 (Pa. Ct. App. 2007).

Opinions

OPINION BY

POPOVICH, J.:

¶ 1 Appellant Lachan Taryn Russell appeals the judgment of sentence entered on May 8, 2006, in the Court of Common Pleas of Allegheny County, following her convictions for arson endangering persons 1 and related offenses, and cruelty to animals. Upon review, we affirm in part, reverse Appellant’s judgment of sentence with respect to her cruelty to animals conviction, and discharge Appellant as to her cruelty to animals conviction.

¶ 2 The relevant facts of this case were set forth fully in the trial court’s Pa.R.A.P. 1925(a) opinion, filed September 11, 2006, as follows:

Detective J.R. Smith, of the City of Pittsburgh Police Department, testified that he and his partner, Detective Timothy Rush, were assigned to the “cold case” homicide squad in 2004. They were assigned to investigate seven old unsolved homicide cases, including [the present] case, which involved the death of two young children in a house fire in the early morning hours of July 11, 1990. After reviewing the old files from 1990, the detectives contacted [Appellant] and interviewed her on February 14, 2005. After initially giving the detectives a statement similar to the one that she had given in 1990, wherein she denied any involvement in setting the fire, she said that she wanted to tell [them] what really happened. [Appellant] indicated that [co-defendant Te-quilla Fields] wanted to kill her grandmother’s dog. [Fields] wanted to burn the dog. On the night of the incident, [Fields] gave [Appellant] a liquid to put in her purse. They went to the home of [Fields’ grandmother], Minnie Bivins. They put [Fields’] two young children to bed and told Ms. Bivins that they were leaving to get cigarettes. As they left the residence, [Fields] doused the dog, [which] was tied up on the front porch, with the liquid that was in [Appellant’s] purse. [Fields] threw a match on the [1086]*1086dog[,] and it immediately became a fireball. [Appellant] dropped her purse and ran. The dog tried to follow them, but [it was] tethered on the porch. Very quickly, the entire house was engulfed in flames. [Fields and Appellant] went back up to the house and [Fields’] grandmother was already outside. They attempted to rescue the children, but were unable to do so[, and the children died]. [Fields’ brother, Andre,] jumped out a third story window. Once the emergency and fire vehicles arrived, [Fields and Appellant] met and they made a “street pact” never to tell anyone how the fire started.

Trial court opinion, 9/11/2006, at 2-3 (citations omitted).

¶ 3 On February 15, 2005, after Appellant spoke with Detectives Smith and Rush, she was arrested. Upon being taken into custody, Appellant was interrogated by the police regarding her involvement in the fire. While being interrogated, Appellant made several admissions regarding her involvement in the fire. Based on her admissions, Appellant was charged with the following offenses: criminal homicide;2 arson endangering persons (2 counts); arson endangering property;3 causing a catastrophe; 4 cruelty to animals;5 and criminal conspiracy.6 The case proceeded through pretrial pleadings, and Appellant filed an omnibus pretrial motion that sought the following relief: (1) dismissal of the charges on the basis of the statute of limitations; (2) suppression of Appellant’s statement made while in the custody of the police; (3) preclude admission at trial of Appellant’s prior juvenile bad acts. Ultimately, the trial court denied all forms of relief requested in the omnibus pretrial motion.

¶4 Appellant was tried before a jury, and, on December 21, 2005, she was found guilty of one count of arson endangering persons, arson endangering property, causing a catastrophe, and cruelty to animals. The jury acquitted Appellant of criminal homicide, the second count of arson endangering persons, and criminal conspiracy. Following her conviction, Appellant made an oral motion to set aside her convictions based on the statute of limitations. The trial court denied this motion. On May 8, 2006, at sentencing, Appellant made a request for extraordinary relief to set aside her convictions based on the statute of limitations. The trial court denied Appellant’s request and sentenced Appellant to an aggregate term of 18 to 60 months of incarceration.

¶ 5 Appellant filed a timely notice of appeal to this Court, and the trial court ordered her to file a concise statement of matters complained of on appeal. Appellant complied and filed the concise statement in a timely fashion. Thereafter, the trial court authored an opinion that addressed the issues presented in Appellant’s concise statement.

¶ 6 Appellant presents the following issues for our review:

1. Whether the trial court erred in denying [Appellant’s] post-verdict motion to set aside the jury’s guilty verdicts because the statute of limitations had run on those particular crimes?
[1087]*10872. Whether the trial court erred in denying [Appellant’s] pretrial omnibus motion to suppress Appellant’s statement given during a custodial interrogation?
3. Whether the trial court erred in admitting evidence of [Appellant’s] pri- or bad acts committed while [she was] a juvenile?
4. Whether the trial court erred in precluding [Appellant’s] expert witness from testifying regarding the undue influence and psychological pressure an adult could exert on the fifteen year-old [Appellant]?
5. Whether the trial court erred in denying [Appellant’s] request for a jury instruction regarding corruption of minors?

Appellant’s brief, at 4 (bracketed language supplied).

¶ 7 Appellant asserts first that the trial court erred in denying her post-verdict motion to set aside the verdicts of guilty entered against her because the statute of limitations had run on those non-homicide crimes. This issue presents this Court with a pure question of law, and, as such, we exercise plenary review. See Commonwealth v. Johnson, 874 A.2d 66, 70 (Pa.Super.2005), appeal denied, 587 Pa. 720, 899 A.2d 1122 (2006). The essence of Appellant’s argument is as follows: (1) in order to toll the statute of limitations, the Commonwealth was obligated to state in the criminal information the exception to the statute of limitations it relied upon in charging Appellant beyond the time limits set forth in the statute of limitations; and (2) the exception to the statute of limitations relied upon by the Commonwealth in this case, see 42 Pa.C.S.A. § 5551(4) (no limitation applicable for any felony alleged to have been perpetrated with murder of first or second degree), was not applicable because the jury ultimately acquitted Appellant of second-degree murder, and, therefore, there was no “connection” between the alleged homicides and the other non-homicide crimes that would permit the Commonwealth to bypass the limitation periods for the non-homicide crimes so as to initiate prosecution against Appellant for the non-homicide crimes.

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Cite This Page — Counsel Stack

Bluebook (online)
938 A.2d 1082, 2007 Pa. Super. 376, 2007 Pa. Super. LEXIS 4139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-russell-pasuperct-2007.