Commonwealth v. Sanchez

907 A.2d 477, 589 Pa. 43, 2006 Pa. LEXIS 1833
CourtSupreme Court of Pennsylvania
DecidedSeptember 27, 2006
Docket464 CAP
StatusPublished
Cited by73 cases

This text of 907 A.2d 477 (Commonwealth v. Sanchez) 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. Sanchez, 907 A.2d 477, 589 Pa. 43, 2006 Pa. LEXIS 1833 (Pa. 2006).

Opinions

OPINION

Justice SAYLOR.

This is a capital direct appeal, arising out of a robbery-homicide. The background is as follows.

Appellant and Sashana Young, a juvenile with whom he was intimate, moved from New York City to Allentown, Pennsylvania, between one and two weeks prior to the killing on July 18, 2001. Appellant’s half-sister, Ann Julie Torrez, lived in the area sometimes staying with relatives, but apparently Appellant was not permitted to stay with those relatives. On the night before the murder, the victim, Lloyd Gehret, gave the trio money for food and permitted them to sleep in an apartment that he owned and was renovating. There was evidence that the victim was attracted to Young and Torrez, and that Appellant was told of advances that the victim had made toward them.

[49]*49The next morning, when Mr. Gehret arrived at the apartment, Appellant sliced his neck with a utility knife and killed him by bludgeoning him with a hammer. Young and Torres were present in the apartment at various points during the ten or fifteen minutes throughout which Appellant perpetrated the killing, with Young handing Appellant the hammer and stabbing at the victim with a screwdriver at Appellant’s direction. As Mr. Gehret lay dying, Appellant took his wallet and keys. Upon leaving the scene, Appellant said: “This is my 17th body, I’ll never get caught.” He discarded his bloody sweater and sweatpants in a garbage can on a nearby street.

The next day, Torrez voluntarily approached police and provided a statement implicating Appellant and Young in the killing. She disclosed the location of the bloody clothing that Appellant had discarded, which the police retrieved. Further, she indicated that Appellant and Young were staying in a specific room at a boarding house on North Front Street in Allentown, and that Appellant remained in possession of the victim’s wallet, which was located there as well. Based on this information, a detective applied for a search warrant, which was issued by a district justice.

A police emergency response team executed the warrant, with two non-uniformed officers entering the building first. Appellant and Young were found in the designated room, along with the victim’s wallet and other incriminating evidence.

Upon Appellant’s arrest, he unsuccessfully pursued several pre-trial motions, including an attempt to obtain an order suppressing all evidence deriving from police entry into the room in which he was arrested, based on alleged deficiencies in the supporting affidavit of probable cause submitted by an investigating officer. Further, Appellant asserted that the police failed to knock and announce their presence prior to entering to execute the warrant, in violation of applicable procedural and constitutional requirements. Appellant also sought to avoid trial based on a claimed lack of competency. Initially, a court-appointed mental-health professional diagnosed Appellant as suffering from, among other disorders, [50]*50paranoid schizophrenia, and he reported that Appellant was incompetent to stand trial. See N.T., February 19, 2003, at 212-13. Appellant was thereafter involuntarily committed for further assessment and any necessary treatment. Upon his discharge, the Commonwealth produced testimony at a pretrial competency hearing that Appellant, while perhaps suffering from some mental disorders, was nevertheless competent and was malingering, and the trial court credited this evidence.

At trial, Young and Torrez testified as Commonwealth witnesses, and Appellant’s counsel objected and moved for a mistrial when the Commonwealth adduced testimony from them concerning Appellant’s indication that the victim’s was his “seventeenth body.” Appellant’s counsel asserted a general objection and, at sidebar, explained that the statement was “a bombshell” that was “totally unanticipated” by counsel. N.T., March 6, 2003, at 184-85. The district attorney responded that he was certain that he had disclosed the statement prior to trial. The trial court ruled that the testimony was relevant and admissible, but only to demonstrate that Appellant’s state of mind reflected a specific intent to kill, and to show that the witnesses had reason to fear Appellant, which aided in explaining their delay in reporting the crimes. The court also gave cautionary instructions concerning the limited purposes for which the evidence could be considered.

Appellant was convicted, inter alia, of first-degree murder and robbery. At the penalty phase of trial, the Commonwealth proceeded on the basis of the aggravating circumstance pertaining to commission of a killing while in the perpetration of a felony, see 42 Pa.C.S. § 9711(d)(6), here, robbery. The defense presented evidence in mitigation that Appellant was under the influence of extreme mental or emotional disturbance, see 42 Pa.C.S. § 9711(e)(2); suffered from an impaired capacity to appreciate the criminality of his conduct or to conform it to the requirements of the law, see 42 Pa.C.S. § 9711(e)(3); was of a relatively young age at the time of his crimes, see 42 Pa.C.S. § 9711(e)(4); and was subject to life circumstances such as poverty, abuse, and homelessness dur-

[51]*51ing his childhood that might serve as mitigating factors under the catch-all mitigator, 42 Pa.C.S. § 9711(e)(8). The jury ultimately returned a death verdict following extended jury deliberations, which were interrupted by several reports of impasses. The jurors unanimously found the in-perpetration-of-a-felony aggravator, and one or more jurors credited three of the mitigating circumstances that Appellant had pursued.1

In post-sentence motions, Appellant contended, inter alia, that the death penalty is unconstitutional as applied in Lehigh County, because prosecutorial discretion is exercised in an arbitrary and/or racially biased fashion in the selection of cases in which the death penalty will be pursued; the juror selection process in Lehigh County systematically excludes members of the Hispanic population, and therefore, violated Appellant’s constitutional right to be tried by an impartial jury of his peers; the trial court erred in denying suppression of evidence deriving from police entry into the room where Appellant and Young were arrested, because the search warrant was constitutionally flawed and police failed to knock and announce their presence prior to entry; the trial court erred in finding Appellant competent to stand trial; and the court erred in refusing to grant a mistrial following the introduction of Appellant’s statement that “[t]his is my 17th body.” The trial court denied post-sentence relief on all claims.

Concerning the allegation of an arbitrary exercise of prosecutorial discretion, the trial court observed that the burden of proof rested with the defense, see Commonwealth v. Hardcastle, 519 Pa. 236, 258, 546 A.2d 1101, 1111 (1988), but that Appellant had produced no evidence concerning this claim at a pre-trial hearing that was afforded for that purpose, see N.T., January 31, 2002, at 25-26. See Commonwealth v. Sanchez, No. 3652 of 2001, slip op. at 24-25 (C.P. Lehigh Nov. 5, 2004).2 [52]

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Bluebook (online)
907 A.2d 477, 589 Pa. 43, 2006 Pa. LEXIS 1833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-sanchez-pa-2006.