Commonwealth v. Wright

14 A.3d 798, 609 Pa. 22, 72 A.L.R. 6th 673, 2011 Pa. LEXIS 391
CourtSupreme Court of Pennsylvania
DecidedFebruary 23, 2011
Docket21 EAP 2008
StatusPublished
Cited by69 cases

This text of 14 A.3d 798 (Commonwealth v. Wright) 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. Wright, 14 A.3d 798, 609 Pa. 22, 72 A.L.R. 6th 673, 2011 Pa. LEXIS 391 (Pa. 2011).

Opinions

OPINION

Justice TODD.

This case presents the question of whether a convicted person who seeks court-ordered DNA testing under the “Postconviction DNA Testing Act,” 42 Pa.C.S.A. § 9543.1, is precluded by his confession, which was ruled to be voluntary and admitted into evidence against him at trial, from establishing a prima facie case demonstrating that DNA testing would establish his actual innocence. After careful review, we conclude that a confession, even if previously and finally adjudicated as voluntary, does not constitute a per se bar to establishing a prima facie case, and the convicted person may, therefore, obtain DNA testing under Section 9543.1 if he or she meets all of this statute’s pertinent requirements. Accordingly, we vacate the Superior Court’s order and remand this case for further proceedings in accordance with this opinion.

The record reveals the following factual background in this matter. On Saturday, October 19, 1991, members of the Philadelphia Police Department went to the home of the [26]*26victim, Louise Talley, a 77-year-old widow who lived alone at 3959 Nice Street in Philadelphia, in order to check on her at the request of concerned family members who had been unable to contact her. Relatives who had gathered outside granted the officers access to the home. As the officers entered, one of them saw what appeared to be a bloody fingerprint on the screen door,1 and the officers observed that the first floor of the house appeared to have been ransacked, with couch cushions on the floor and furniture drawers open.

After checking the first floor and the basement, the officers proceeded to the second floor, where they discovered the unclothed body of the victim face down on her bedroom floor covered in blood. Strewn about the victim were various items of bloody clothing, including her nylon stockings, girdle, and shoes. Underneath her body was her blood-soaked empty purse, blouse, bra, and a housecoat. Situated inside the folds of the housecoat was a kitchen knife encrusted in blood. The victim’s bedspread was also saturated with blood, and a fitted bed sheet covering her mattress was heavily stained with a mixture of blood and semen.

Some of the responding officers present on the scene were approached by an individual who told them “he had heard that [Appellant] Tony Wright was the person responsible for the killing of Ms. Talley,” and “he might be on Bott Street staying with a guy by the name of either St. Ives or St. James.” N.T. Trial, 5/26/93, at 73. Subsequently, two officers and a detective went to a home at 3978 Bott Street where Roland Saint James (“St. James”) resided, along with his roommate, John “Buddy” Richardson. N.T. Trial, 6/1/93, at 6, 20. This home was located about 300 feet from the victim’s house. St. James admitted at trial that he rented rooms of this residence to others so they could smoke crack cocaine, and, also, that he would help others procure it from local dealers. Id. at 8, 34-37.

[27]*27St. James was placed in handcuffs and taken to the police station by the officers, one of whom informed him that he was the “primary suspect.” Id. at 57-58. After interrogation, St. James, who was wanted on an outstanding bench warrant, gave a statement, which was typed by detectives and later signed by him. In this statement, St. James alleged Appellant had told him that sometime on the night of Friday, October 10 he had “stabbed a woman.” Id. at 69, 72, 75. After he gave his statement to the police, St. James was released. Id. at 60.

According to St. James’ trial testimony, St. James claimed that Appellant, then age 20, arrived at his house on the afternoon of Friday, October 18 and repeatedly entered and left the residence all afternoon and evening, all the while using crack cocaine and spending time with various women who were on the premises. Id. at 7, 34, 42, 74. Appellant told him he was robbing drug dealers to get the money to pay for the crack and that he had an argument with his mother that evening. Id. at 19. He noticed Appellant wearing a white t-shirt with the word “Pennant” on it and that this t-shirt had a “little blood” on it, but also stated that Appellant did not have his shirt on for most of the night. Id. at 19, 47. Later in his testimony, St. James conceded that he might have told police at the time of his interrogation that Appellant was wearing gray sweat pants, white sneakers, and a light colored jacket. Id. at 49.

St. James, who admitted to heavily using crack himself during this time, testified further that: sometime late Friday night or early Saturday morning, between the hours of 12:00 a.m. and 1:00 a.m., he left the house with Appellant to buy additional crack, id. at 8-9; Appellant had told him he was moving from his mother’s home and needed help in taking his television and radio out of the house in order to sell them, id. at 9-10; he accompanied Appellant to the victim’s residence on Nice Street, whereupon Appellant told him he had to go in and get the television and radio, id. at 11; he did not want to go in to the house, so he left Appellant standing in front of the victim’s house on the sidewalk, id. at 29; and Appellant [28]*28followed him back to his house, stayed a short time, and left again, id. at 17.

St. James also claimed that, later on Saturday morning, sometime before 2:00 a.m., Appellant arrived at his door with another individual known as “Earl,” id. at 15; Earl was carrying a large portable television and Appellant was carrying a radio, id. at 16; St. James kept the items, averring that Appellant and Earl had asked him to hold them for sale until later that morning, .id. at 14; St. James subsequently gave the television to another individual to be sold and put the radio in the trash, id. at 22, 56; several hours later, around 5:00 a.m., he received a bloody white t-shirt from his roommate, Richardson, who St. James says carried it downstairs to him, id. at 20-21; and St. James remembered that he “freaked out” at the sight of the bloody shirt, id. at 21.

The police took Richardson to the station in handcuffs for questioning on Saturday morning, and he remained there until 3:00 a.m. the following morning. Id. at 150. He'was released after he gave a statement to police regarding his whereabouts and his interactions with Appellant on Friday night. Id. at 151. At trial, Richardson testified that, while he was out walking that night, he encountered Appellant, whom he claimed to have only briefly met twice before, at the intersection of Nice and Kerbaugh Streets, sometime after 8:00 p.m. Richardson stated that Appellant was alone and dressed in a red sweatshirt and carrying a white t-shirt rolled up in a ball.2 Id. at 169-170. Richardson asserted that Appellant “asked me to go down the street on Nice Street and to be a look-out at a house because he said he had the keys to the house and that he wanted to go in there and get some T.V.s out.” Id. at 144. According to Richardson, once Appellant pointed out the house, he refused to go along with Appellant’s plan and tried to dissuade him because, in his words, he “knew the lady,” and he did not “break in houses.” Id. At this point, Richardson claimed Appellant told him, “look, well, I guess I have to go in [29]

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Bluebook (online)
14 A.3d 798, 609 Pa. 22, 72 A.L.R. 6th 673, 2011 Pa. LEXIS 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wright-pa-2011.