Commonwealth v. Verticelli

678 A.2d 379, 451 Pa. Super. 22, 1996 Pa. Super. LEXIS 1908
CourtSuperior Court of Pennsylvania
DecidedMay 31, 1996
StatusPublished
Cited by1 cases

This text of 678 A.2d 379 (Commonwealth v. Verticelli) 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. Verticelli, 678 A.2d 379, 451 Pa. Super. 22, 1996 Pa. Super. LEXIS 1908 (Pa. Ct. App. 1996).

Opinions

BECK, Judge:

The issue in this case is whether the Commonwealth satisfied the corpus delicti rule so as to permit the admission of appellant’s statements to police. In affirming the judgment of sentence, we consider the rule, its purpose and its impact.

In the late afternoon hours of March 26, 1994, Officer Robert Burkhardt of the New Britain Township police department responded to the radio call of a motorcycle accident. At the scene, Burkhardt observed a motorcycle lying partially on the road and partially on the lawn of a residence. Upon investigation, Burkhardt noticed that the motorcycle was dented and leaking gasoline from a punctured tank. In addition, the mailbox of the residence was knocked from its post to the ground and a nearby telephone pole was damaged. It was apparent that the operator of the motorcycle, who was not on the scene, had been traveling southbound, crossed the center line of the roadway and struck the mailbox post and the telephone pole on the northbound side of the road.

About thirty minutes later, and after speaking to witnesses at the scene, Burk-hardt arrived at appellant’s home where he spoke to appellant and his father. In response to the officer’s questions, appellant stated that while driving the motorcycle to a bar, he “dumped” it.

While speaking to appellant, Burkhardt noticed that he had a strong odor of alcohol on his breath, slurred speech, bloodshot and glassy eyes and a staggei’ed walk. The officer asked appellant to perform field sobriety coordination tests but appellant refused. Appellant was then arrested and transported to a local hospital where he was informed of the implied consent law and asked to submit to a blood test. This he also refused and, upon his refusal, he was transferred to police headquarters. At headquarters he was uncooperative, irrational and threatening. When appellant asked to meet with a crisis worker, Burkhardt returned him to the hospital where he met briefly with a crisis worker and later was released to the officer’s custody.

At appellant’s trial for driving under the influence (“DUI”), Officer Burkhardt testified to the events described above, including the admission by appellant that he had been operating the motorcycle at the time of the accident. Defense counsel objected to the admission of appellant’s statements on the grounds that the prosecution failed to establish the corpus delicti for DUI independent [381]*381of appellant’s statements.1 The trial court overruled the objection. Appellant was found guilty and now raises the same issue on direct appeal.

In response to appellant’s claim, the Commonwealth argues that admission of the statements was proper for several reasons. First, appellant’s statement that he was the operator of the motorcycle was not a confession to the crime of DUI and, therefore, the corpus delicti rule is inapplicable since it relates only to a confession made by an accused. Second, assuming the rule applies, appellant’s statements were admissible under the “closely related crime” exception to the corpus delicti rule. Third, in the event we do not find that admission of the statements was proper under the exception, public policy requires that we carve out an additional exception to the rule in these types of cases. Our analysis begins with an historical review of the rule.

The corpus delicti rule is a rule of evidence relating to what must be proved by the prosecution at trial. The prosecution cannot make use of a criminal defendant’s confession/statement unless it has established that 1) a loss or injury has occurred and 2) such loss or injury is the result of someone’s criminality. Commonwealth v. May, 451 Pa. 31, 32, 301 A.2d 368 (1973). The corpus delicti, or body of the crime, is the Commonwealth’s proof, independent of the defendant’s statements, that a crime has in fact occurred.

The rule can be traced back to seventeenth century English law and was first applied in a murder case. The rule arose under the following circumstances. An individual was presumed dead because he or she had disappeared without a trace. Law enforcement personnel would secure a confession from someone who admitted killing the missing person. The confessor was then tried, found guilty and, in some instances, executed for the crime.- Sometime later, the purported victim reappeared. Courts then began to question the propriety of a murder conviction based on a defendant’s confession obtained in the absence of a dead body. See generally Note, Proof of the Corpus Delicti Aliunde the Defendant’s Confession, 103 U. Pa. L.Rev. 638, 639 (1955) (hereinafter “Note”).

Adoption and expansion of the rule in American law appears to be based on a number of factors. One factor is a fear that circumstances such as those described above could occur. The notion that a person may be punished, perhaps even executed, where no crime has been committed, is obviously repulsive to our system of justice. Another factor is a general skepticism of confessions. Confessions can be coerced or made under duress; they can be misreported; they can be the result of a confessor’s misunderstanding of the facts or the law; they also can be false for “purely psychological reasons,” such as when the confessor suffers from a mental disorder. Id. at 640-44.

Independent proof of the commission of a crime has been perceived as the safest and most equitable route to a conviction. In 1842, Professor Greenleaf characterized the corpus delicti requirement as that which “best accords with the humanity of the criminal code and with the great degree of caution applied in receiving and weighing the evidence of confessions.” Greenleaf, Evidence § 217 (1842). In a frequently-quoted case in this Commonwealth, our supreme court stated the basis for the rule:

The grounds on which the rule rests are the hasty and unguarded character which is often attached to confessions and admissions and the consequent danger of a conviction where no crime has in fact been committed.

Commonwealth v. Turza, 340 Pa. 128, 134, 16 A.2d 401 (1940).

Other authors have been critical of the broad application of the rule in our system. Professor Wigmore writes:

The policy of any rule of the sort is questionable. No one doubts the warning which it conveys is a proper one, but it is a warning which can be given with equal efficacy by counsel or (in a jurisdiction preserving the orthodox function of judges) by the judge in his charge on the facts. Common intelligence and caution, in [382]*382the jurors’ minds, will sufficiently appreciate it, without formulating it in a rule of law. Moreover, the danger which it is supposed to guard against is greatly exaggerated in common thought. That danger lies wholly in a false confession of guilt. Such confessions, however, so far as handed down to us in the annals of our courts, have been exceedingly rare. Such a rule, though not really needed, might be at least merely superfluous. But this rule, and all such rules, are today constantly resorted to by unscrupulous counsel as mere verbal formulas with which to entrap the trial judge into an error of words in his charge to the jury. These capabilities of abuse make it often a positive obstruction to the course of justice.

Wigmore, Evidence § 2070 (3d ed. 1940).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. J.Z.S.
808 So. 2d 1220 (Court of Criminal Appeals of Alabama, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
678 A.2d 379, 451 Pa. Super. 22, 1996 Pa. Super. LEXIS 1908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-verticelli-pasuperct-1996.