Commonwealth v. Webster

539 A.2d 804, 517 Pa. 578, 1988 Pa. LEXIS 98
CourtSupreme Court of Pennsylvania
DecidedMarch 30, 1988
Docket98 W.D. Appeal Docket 1986
StatusPublished
Cited by5 cases

This text of 539 A.2d 804 (Commonwealth v. Webster) 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. Webster, 539 A.2d 804, 517 Pa. 578, 1988 Pa. LEXIS 98 (Pa. 1988).

Opinions

OPINION OF THE COURT

PAPADAKOS, Justice.

This is an appeal by allowance from the December 27, 1985, order of the Superior Court affirming the judgments of sentence imposed by the Court of Common Pleas of Allegheny County. Appellant, Douglas Webster, was convicted by a jury of murder of the first degree1 and two violations of the Uniform Firearms Act.2 The convictions resulted from a shooting incident which occurred on April 5, 1983, and resulted in the death of Gwendolyn Jones. Following the denial of his post-verdict motions, Appellant was sentenced to life imprisonment on the murder conviction and concurrent sentences of two and one-half (2V2) to five (5) years for each firearm violation. Represented by new counsel, Appellant filed an appeal to the Superior Court raising various claims of trial error and ineffectiveness of his trial counsel. The Superior Court affirmed the judgments of sentence in an unreported memorandum opinion.3 Appellant then petitioned this Court for allowance of appeal, which was granted. We now reverse the order of the Superior Court.

On this appeal, Appellant raises a number of issues among which are: v/hether the trial court’s comments on the expertise of the defense witness invaded the province of the jury and deprived Appellant of a fair trial and whether the trial court’s failure to address the defense expert by his [581]*581proper title prejudiced appellant.4

The record reveals that prior to the incident in question, Appellant, a former state policeman, had filed criminal charges against the victim, Gwendolyn Jones, and her boyfriend, Robin Ford. The charges related to a burglary of Appellant’s residence. A preliminary hearing had been scheduled for the morning of April 5, 1982, before District Justice Betty Lloyd. Appellant arrived at the magistrates’ office that morning and had conversations with police officer Fantaski and appeared clear and coherent. While in the magistrate’s office, Appellant, without warning, approached Ms. Jones and said, “[t]his is what you need,” aimed a gun at her head and fatally shot her. Appellant was immediately searched and a knife was found in his possession. Later, when questioned, Appellant stated that, having been a police officer, he was aware of his constitutional rights. Nevertheless, his Miranda warnings were read to him and thereafter he freely gave a statement in which he admitted the shooting. Several eyewitnesses gave testimony that Appellant acted normally and was calm and rational during this period. Appellant was rewarned of his rights prior to giving a recorded statement.

The record is clear that, at the time of the shooting, Appellant acted normally and was calm and rational. The testimony of the interrogating officers was that Appellant was calm, coherent, cooperative, and without signs of mental or physical problems at the time he gave his initial statements and at the time he gave his recorded statement.

We focus upon Appellant’s contention that he was deprived of a fair trial because of the trial court’s improper challenge to the expertise of a crucial defense witness, thereby invading the province of the jury, and because of the judge’s failure to address such expert witness by his proper title. The central issue at trial concerned the mental [582]*582capacity of Appellant at the time of the shooting as viewed by expert witnesses for the defense and prosecution. Appellant called Thomas M. Eberle, Ph.D., a clinical and forensic psychologist, who stated that he diagnosed Appellant as suffering from schizophrenia, paranoid variety, chronic, in a somewhat obsessive-compulsive personality. He testified that Appellant had a bright-normal I.Q. and had no evidence of organic abnormality. However, he concluded that Appellant was legally insane at the time of the shooting. (N.T. 171, 172).

The Commonwealth called Donald J. Coleman, M.D., a board certified neurologist and psychiatrist. He also concluded that Appellant suffers from schizophrenic illness paranoid type chronic. Dr. Coleman was of the opinion that Appellant knew the consequences of his act and that he certainly was capable of planning the act and that Appellant knew it was wrong. (N.T. 277-286).

The Commonwealth called a second expert, Melvin P. Melnick, M.D., also a board certified psychiatrist, who agreed with the diagnosis of Dr. Coleman. He was of the opinion that Appellant knew the nature and quality of his act and understood the consequences and wrongfulness thereof. He explained the differences between his diagnosis and that of Dr. Eberle.

Appellant points to the following exchange which occurred between the defense’s expert witness, Dr. Thomas Eberle, and the trial judge, during direct examination, as unfairly prejudicial and requiring a new trial:

Q. Dr. Eberle, in your professional opinion and with your experience and educational background, you obviously are familiar with what is called the M’Naughton Rule?
A. Yes.
Q. Were you able to form an opinion as to whether or not Douglas Webster on April 5, 1982 was functioning under M’Naughton—
[583]*583THE COURT: That is not proper to ask this witness. He is not capable of rendering M’Naughton—
MR. BOTULA: Yes, he is, Your Honor—
THE COURT: Well, we have other witnesses who are more qualified—
MR. BOTULA: He is perfectly competent to testify to that, Your Honor.
THE COURT: Okay, there will be other witnesses who will testify who are more qualified.

(N.T. 173, 74).

A trial judge should act with absolute impartiality. Commonwealth v. England, 474 Pa. 1, 375 A.2d 1292 (1977). “Judges should refrain from extended examination of witnesses; they should not during the trial indicate an opinion on the merits, a doubt as to the witnesses’ credibility, or to do anything to indicate a leaning to one side or the other without explaining to the jury that all these matters are for them.” (Citations omitted.) Commonwealth v. Seabrook, 475 Pa. 38, 44, 379 A.2d 564, 567 (1977). However, as we stated in Commonwealth v. Goosby, 450 Pa. 609, 611, 301 A.2d 673, 674 (1973):

Every unwise or irrelevant remark made in the course of a trial by a judge, does not compel the granting of a new trial. A new trial is required when the remark is prejudicial; that is, when it is of such a nature or substance or delivered in such a manner that it may reasonably be said to have deprived the defendant of a fair and impartial trial. (Citations omitted.) (Emphasis in original.)

While the statements by the trial judge were concededly improper, our inquiry must focus upon the question of whether they deprived Appellant of a fair and impartial trial. The Superior Court’s holding that the remarks made by the trial judge were not prejudicial to the Appellant was based upon the rationale that the witness was testifying as, to sanity and he is a doctor of psychology and not a medical [584]

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Commonwealth v. Webster
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Bluebook (online)
539 A.2d 804, 517 Pa. 578, 1988 Pa. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-webster-pa-1988.