Commonwealth v. Taylor

25 Pa. D. & C.4th 38, 1995 Pa. Dist. & Cnty. Dec. LEXIS 147
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedFebruary 10, 1995
Docketno. 655-02
StatusPublished

This text of 25 Pa. D. & C.4th 38 (Commonwealth v. Taylor) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Taylor, 25 Pa. D. & C.4th 38, 1995 Pa. Dist. & Cnty. Dec. LEXIS 147 (Pa. Super. Ct. 1995).

Opinion

SCOTT, J,

Rainey Taylor, defendant, has appealed the conviction of criminal attempt to lure a child into a motor vehicle and harassment.

On December 26, 1993, the defendant approached an 11-year-old male child who was playing in Silver Lake County Park, Bristol Township, Bucks County, Pa. The defendant engaged the child in conversation and asked him if he wanted to look at his van. There was also testimony that the defendant attempted to shake the hand of the child and did so by reaching out to grasp the hand of the child. The child told the defendant that he did not want to look at his van, and told the defendant that his parents and cousins were on the premises with him even though he was, in fact, alone. Apparently the defendant walked back to his van and drove out of the parking lot “very fast.”

There were at least two other automobiles in the parking area that day and the occupants of those automobiles witnessed the event and testified on behalf [40]*40of the Commonwealth. Both of the witnesses testified that the defendant stopped his van, got out of it immediately and began to walk toward the child. The first witness, Raymond Dessatel, questioned the child about whether or not he knew the defendant and reminded him not to talk “to anyone like that.”

“A. I turned toward the boy, threw the trash out. I asked the boy, ‘Did you know that guy?’ He said, ‘No.’ I said, ‘You don’t ever talk to anybody like that.’ He said, T know. He wanted me to get in the truck with him.’ So then I turned back around, he was gone. He started to take off with his — van—the little van.” (N.T. p. 50, May 24, 1994.)

This witness followed the defendant out onto Route 13. While attempting to follow the defendant, the witness noticed a police car and managed to get the attention of the officer inside. The officer then pursued the defendant.

The second witness, Nicholas Trolli, essentially confirmed the testimony of the first witness, and testified as to what he saw:

“Q. Now at the time they were together can you describe the mannerism of the man, what you saw him do?
“A. Well, he immediately got out of the vehicle, went right over to the little boy. At first I thought, ‘Geez, does he know him?’ And it appeared this little boy — the little boy — more the little boy’s mannerisms that were bothering me than his. And the little boy seemed very frightened, you know, and he was pulling back from the man. And the man was being very aggressive in his mannerism toward the little boy, you know. Like I heard him — I did hear the word ‘come’ and, you know, he was pointing towards his vehicle. So, I mean, at first I thought, ‘Is this the kid’s father’ [41]*41or what not. I thought to get out of my car and see what was going on. I didn’t because when I was considering that the other guy came over towards them and then he practically ran to his car and he squealed wheels out of the parking lot.” (N.T. pp. 65-66, May 24, 1994.)

Mr. Trolli had a car telephone and was able to contact the police while witnessing the incident. He then pursued the defendant out of the park and through the intersection in question. At that point, the defendant was stopped by Officer George Nevel of the Bristol Township Police Department. The defendant was subsequently charged with three counts of harassment, criminal attempt, disorderly conduct and luring a child into a motor vehicle.

A waiver trial was conducted before the undersigned on May 24,1994. At that time, the defendant was found guilty of criminal attempt to lure a child, found at 18 Pa.C.S. §§901 and 2901, and harassment, found at 18 Pa.C.S. §2709(2).

The sentencing of the defendant was deferred until a pre-sentence investigation could be conducted. The court also continued the defendant’s bail, and ordered him to continue counselling with Dr. John Rosella, a psychologist that had been treating him. Finally, the court forbade all contact with the victim and forbade the defendant to go to any federal, state or local parks. Thereafter, the defendant retained new counsel. Counsel filed post-trial motions in a timely manner. At sentencing, counsel was advised by the court that the post-trial motions would be considered post-sentence motions, so long as defendant filed the appropriate motion within 10 days. Counsel chose, instead, to take a direct appeal. The defendant was subsequently sentenced on August 10, 1994 to reporting probation for a period of 24 months. The court also ordered that a plan must [42]*42be submitted to the Probation Department within four weeks regarding: 1) appropriate treatment program; 2) structured supervision program; 3) verify that defendant is in treatment. After sentencing, the defendant filed the instant appeal to Superior Court.

Defendant raises the following issues on appeal:

(1) It is contended that trial counsel was ineffective in failing to file pre-trial motions in the following areas:

(a) Defendant was, at the time of trial, incompetent to stand trial and defense counsel failed to raise this issue in a motion and failed to present competent evidence by psychiatrists and psychologists who would testify this incompetence notwithstanding the fact that defense counsel had sufficient information prior to trial to conclude that such motion was necessary.

(b) Defense counsel was ineffective in that he failed to file motions to quash the transcript of the preliminary hearing on the above captioned matter since the acts averred by the Commonwealth did not constitute a prima facie case.

(c) Defense counsel was ineffective in that he failed to call a substantial number of character witnesses whose names were available and known to him and who would have testified not only that defendant was of non-violent disposition but that defendant was an honest, peaceful and law abiding citizen.

(2) The verdict was against the evidence. The evidence presented in the case in chief, in a light most favorable to the Commonwealth, did not establish that the defendant intended to lure the child into a vehicle.

(3) The verdict was against the weight of the evidence taken in balance, even in a light most favorable to the Commonwealth there were sufficient alternative possibilities of interpretation of the evidence presented to [43]*43conclude that the defendant was having no more than an innocent conversation with the child. Moreover the flight of the defendant from two pursuers, given the mental age of the defendant was not sufficient to demonstrate flight as an indication of knowledge of guilt.

(4) The verdict was contrary to law. The pertinent statute on luring demands something less vague than an inference of guilt unsupported by any concrete evidence.

The first three averments of error address ineffectiveness of trial counsel. The standard for direct appeal on an ineffectiveness of counsel claim was set forth once again in Commonwealth v. Blount, 538 Pa. 156, 647 A.2d 199 (1994). They are: (1) the underlying claim is of arguable merit; (2) the particular course chosen by counsel did not have some reasonable basis designed to effectuate his interests; and (3) counsel’s ineffectiveness prejudiced him.

The first averment of error, that of failure to file pre-trial motions regarding competency is meritless in light of the fact that the defendant called Dr.

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Commonwealth v. Blount
647 A.2d 199 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. Holbrook
629 A.2d 154 (Superior Court of Pennsylvania, 1993)
Commonwealth Ex Rel. Maisenhelder v. Rundle
198 A.2d 565 (Supreme Court of Pennsylvania, 1964)
Commonwealth v. Tyler
587 A.2d 326 (Superior Court of Pennsylvania, 1991)
Commonwealth v. Waller
444 A.2d 653 (Supreme Court of Pennsylvania, 1982)

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Bluebook (online)
25 Pa. D. & C.4th 38, 1995 Pa. Dist. & Cnty. Dec. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-taylor-pactcomplbucks-1995.