Commonwealth v. Spells

416 A.2d 470, 490 Pa. 282, 1980 Pa. LEXIS 718
CourtSupreme Court of Pennsylvania
DecidedJuly 3, 1980
Docket25
StatusPublished
Cited by13 cases

This text of 416 A.2d 470 (Commonwealth v. Spells) 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. Spells, 416 A.2d 470, 490 Pa. 282, 1980 Pa. LEXIS 718 (Pa. 1980).

Opinion

OPINION OF THE COURT

FLAHERTY, Justice.

In May 1975 a jury found appellant guilty of murder of the first degree. Post-trial motions were filed and denied and a mandatory life sentence was imposed on January 12, 1976. On appeal, this Court affirmed the judgment of sentence. 470 Pa. 237, 368 A.2d 281 (1977). The matter next came before the Court of Common Pleas of York County under the Post-Conviction Hearing Act following appointment of counsel, amendment of petition, and evidentiary hearing. The lower court rejected appellant’s PCHA claim and the case is now before this Court on appeal from that court’s order. The appellant raises two issues concerning the ineffectiveness of trial counsel: (1) that trial counsel failed to adequately advise appellant of the factors that he should consider in deciding whether he should testify on his own behalf; (2) that trial counsel failed to adequately impeach a Commonwealth witness.

The facts of the case are that Derek Spells, appellant, acting with two other men, Kenny Smith and Raymond Johnson, lured Charles Jeffers into an apartment in York, Pennsylvania on November 17, 1973 and there killed him by *284 inflicting multiple knife wounds and a shotgun blast fired at close range. While appellant did not inflict the fatal blows, evidence at trial established that he helped saw off the shotgun that was used in the killing; that he brought the shotgun to the apartment the night of the killing; that he was aware that his acquaintance, Raymond Johnson, planned to kill the victim and to enlist appellant’s aid in the killing; that he stabbed the victim twice; and that he handed the knife to Smith, who also stabbed him. Further, evidence established that Spells was aware that the victim was on his way to the apartment, where Spells and two others waited for him; that Spells and his two confederates were armed with a Bowie knife and a sawed-off shotgun; and that Spells could have left the apartment, but did not leave prior to the victim’s arrival. Finally, the evidence establishes that Spells was seen in the apartment on the night of the killing carrying a sawed-off shotgun in the sleeve of his coat; that Spells helped to dispose of the victim’s body and remove blood from the kitchen, where the murder occurred; and that Spells and others divided the money and jewelry found on the body of the victim. Spell’s primary defense to the charge was that he was coerced by Raymond Johnson into participating in the killing.

Appellant made a number of statements to police concerning his part in the killing. On November 27, 1974 and December 5, 1974 appellant admitted that he was present when the victim was killed, but insisted that Raymond Johnson did the killing. Spells claimed that while he helped remove the body and shared the money and jewelry taken from the dead victim, he was forced at gunpoint to help dispose of the body and to promise that he would not tell anyone of the murder. Then on December 10, 1974, Spells changed his story and stated that he had participated in the actual killing. He stated that he and Kenny Smith stabbed the victim and that Raymond Johnson both stabbed and shot the victim.

Appellant’s first claim is that counsel was ineffective because he failed to adequately advise appellant as to *285 whether he should testify on his own behalf. In Commonwealth v. Musi, 486 Pa. 102, 107, 404 A.2d 378, 380 (1979), this Court stated:

It is by now axiomatic that the test for evaluating a claim of ineffective assistance of counsel is whether the record supports a conclusion that the particular course chosen by counsel had some reasonable basis designed to effectuate his client’s interest. . . . If a reasonable basis for counsel’s trial strategy decision exists, that decision is imputed to the client.

At a PCHA evidentiary hearing conducted on April 10, 1979 appellant’s trial counsel, John C. Uhler, gave as reasons for recommending that appellant not testify:

It was a combination of what was said in the tapes [taped statements given to police on November 27, 1974 and December 10, 1974 and played to the jury], the prosecution’s burden, and of course being subject to the cross-examination, to expand upon certain things which had not theretofore been played up, other than the regurgitation of the tape; a combination of those and ultimately whether or not Derek [appellant] wanted to testify.

Mr. Uhler also gave as reasons supporting his recommendation that appellant not testify, that he was uncertain as to whether appellant’s burglary conviction could be introduced to impeach appellant’s testimony, and the belief that exculpatory statements made by the defendant had already been heard by the jury when the taped confessions were played.

Appellant concedes that while he may have been vulnerable to cross examination, Mr. Uhler was wrong in assuming that the burglary conviction might have been introduced against appellant and in believing that any exculpatory statements had been heard by the jury on the November 27, 1974 tape.

The record establishes that Attorney Uhler discussed with appellant the positive and negative features of appellant’s taking the stand. Further, there was a colloquy between the court and appellant concerning appellant’s decision not to take the stand. The court determined that appellant’s *286 decision not to testify in his own defense was made after he had discussed the matter with counsel.

As to the exculpatory statements referred to as having been heard on the November 27, 1974 tape, appellant stated on the tape that he had not participated in the murder and that following Johnson’s killing of the victim, Johnson made the following threat to appellant and Kenny Smith:

And he just, he re-loaded the gun, and pointed it at me and Kenny and said, “Youse are next,” you know? And he said, “Youse better not say a word about this,” and we said, “We ain’t gonna say nothing, man.” And he said, “If I hear you even peep the word, I’m gonna kill both of you, and you know youse both got kids and I’ll take care of them too,” you know? And all this here, and we swore up and down to him that we wouldn’t do or say nothin.

Given the fact that the December 10 tape contains an admission that the November 27 statement was not completely accurate and that appellant had in fact participated in the actual stabbing, his November 27 denial cannot be said to be exculpatory. Nor can the statement of Johnson’s threat after the killing was completed be said to be exculpatory. That appellant may have been threatened after the killing does not mean that he was threatened before or during the killing. It must be concluded, therefore, that counsel’s belief that the record contained sufficient exculpatory statements as reflected on the November 27 tape so as to obviate the necessity of appellant’s taking the stand for this purpose was in error.

Concerning the argument that counsel’s uncertainty as to whether appellant’s burglary conviction could have been introduced against him deprived appellant of effective assistance of counsel, in Commonwealth v.

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Cite This Page — Counsel Stack

Bluebook (online)
416 A.2d 470, 490 Pa. 282, 1980 Pa. LEXIS 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-spells-pa-1980.