Commonwealth v. Zook

887 A.2d 1218, 585 Pa. 11, 2005 Pa. LEXIS 2589
CourtSupreme Court of Pennsylvania
DecidedNovember 28, 2005
Docket293 CAP
StatusPublished
Cited by60 cases

This text of 887 A.2d 1218 (Commonwealth v. Zook) 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. Zook, 887 A.2d 1218, 585 Pa. 11, 2005 Pa. LEXIS 2589 (Pa. 2005).

Opinions

OPINION

Chief Justice CAPPY.

This is a direct appeal from the final order of the Court of Common Pleas of Lancaster County dismissing Appellant’s [18]*18petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546.1 For the reasons that follow, we affirm in part and reverse in part the order of the PCRA court and remand for a new penalty hearing.

In January of 1990, Appellant was tried before a jury and found guilty of two counts of first degree murder. The facts underlying Appellant’s convictions were fully set forth in this Court’s opinion on direct appeal. See Commonwealth v. Zook, 532 Pa. 79, 615 A.2d 1 (1992) (Zook II ).2 To briefly summarize, on July 24, 1985, the bodies of Paul Conrad and Sandra Wiker were discovered in the home of Mr. Conrad. Both victims had been stabbed, bound and strangled. Shortly after the bodies were discovered, Marcellus Barnett provided police information regarding his involvement in having given Appellant the layout of Mr. Conrad’s apartment and other information linking Appellant to the murders. Further, he told police the name of the motel where Appellant was staying. Appellant was later arrested as he left his motel room. At the time of his arrest, Appellant had in his possession a knife, a revolver, and two rings later identified as belonging to Paul Conrad.

Following a penalty hearing, the jury sentenced Appellant to death for both murders.3 On June 17, 1992, this Court affirmed the judgments of sentence. Commonwealth v. Zook, 532 Pa. 79, 615 A.2d 1 (1992) (Zook II). On March 8, 1993, the United States Supreme Court denied certiorari. Zook v. [19]*19Pennsylvania, 507 U.S. 974, 113 S.Ct. 1420, 122 L.Ed.2d 789 (1993).

At trial and on direct appeal, Appellant was represented by Attorneys James Cullen and Vincent Quinn of the Office of the Public Defender, both of whom also represented Appellant at his first trial and first direct appeal.4

On March 24, 1995, Appellant filed a pro se PCRA petition.5,6 An evidentiary hearing was held over a period of three days in May of 1998, and two additional days in January of 1999. On November 18, 1999, the PCRA court issued an opinion and order dismissing the PCRA petition. A timely notice of appeal was filed with this Court.

Following submission of the case to our Court, but prior to the filing of Appellant’s brief, Appellant filed a Motion to Remand Proceedings requesting that the matter be remanded to the trial court for a hearing regarding Appellant’s competency to proceed on collateral review and competency to be executed. This Court granted that motion and directed that the PCRA court hold a competency hearing. Such a hearing ultimately was held on February 2 and 3, 2004. On May 6, 2004, the PCRA court issued an opinion concluding that [20]*20Appellant is both competent to proceed with the PCRA appeal and competent to be executed. Appellant requested, and was granted, permission to challenge before this Court the PCRA court’s competency determination. Since our resolution of that challenge affects our disposition of the remaining claims of Appellant, we shall address that challenge first.

Appellant maintains that the PCRA court’s conclusion that he is competent to proceed is not supported by the record and constitutes an abuse of discretion. He submits that the testimony presented at the hearing establishes that he does not trust his attorneys and believes that they are conspiring to have him executed. Appellant claims that he cannot effectively communicate with counsel any longer due to his fixed delusional belief that a radio transmitter has been inserted in his brain which monitors his every move and which can prove thát he is innocent of the charges.

At the competency hearing, Dr. Robert Sadoff, M.D. and Dr. Larry Rotenberg, M.D. testified on behalf of the defense and Dr. Timothy Michals, M.D. testified on behalf of the Commonwealth. Appellant also testified.

Appellant testified regarding his belief that the Department of Corrections implanted a radio transmitter in his head that enables “them” to control his thoughts, pump conversation into Appellant’s head, and project images into his field of vision. Additionally, Appellant claims that his' counsel is involved in a number of illegal activities and is part of a conspiracy to defraud his family of large sums of money which initially started in 1979. Appellant testified that in 1979, there was a drug raid in counsel’s law office involving members of the Pagan motorcycle gang and Appellant’s mother. He claims that during this raid, a radio transmitter, similar to the one he claims is implanted in his head, was removed from his mother’s abdomen “with a knife.” Appellant is disturbed that his counsel will not litigate this issue of the radio transmitter. He believes that some type of technology would enable the prosecution and/or the defense to explore the actual crime scene via the radio transmitter and that, therefore, the issue [21]*21of the radio transmitter must be explored in the pending PCRA proceedings.7 Appellant insists that he is not mentally ill and that he is innocent of the murders. He also believes that his counsel actively is seeking to have him executed.

Dr. Sadoff diagnosed Appellant as suffering from a psychotic disorder not otherwise specified with possible schizophrenia. Dr. Rotenberg diagnosed Appellant as suffering from a delusional disorder with persecutory and grandiose elements and, at times, also suffering from psychosis not otherwise specified. Both experts opined that as a result of his mental illnesses, Appellant is not competent to proceed at this time. Additionally, both believe that Appellant is not malingering. Dr. Sadoff s opinion on this point is supported by MMPI testing which indicates that he is not faking illness, whereas Dr. Rotenberg believes Appellant cannot be malingering because he has maintained the delusions for such a long period of time. Dr. Rotenberg testified that it is not uncommon for someone in Appellant’s state to be very delusional yet act normal in all other respects.

Dr. Michals, on the other hand, believes Appellant is malingering and could work with his attorneys if he so chose. Dr. Michals opined that if, indeed, Appellant suffered from a psychotic disorder, he would not be able to think logically, speak clearly or function on a daily basis without some type of antipsychotic medication. He sees nothing in Appellant’s behavior that would suggest that he is psychotic aside from Appellant’s own “self-reports” of delusions.

Following the competency hearing, the PCRA court issued an opinion concluding that Appellant is both competent to proceed with the PCRA appeal and competent to be executed.8 [22]*22The issue of competency to be executed is not, however, ripe for our review; only the issue of competency to proceed is currently before this Court.9

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

Related

Commonwealth v. Johnson, C., Aplt.
Supreme Court of Pennsylvania, 2025
Com. v. Jones, L.
Superior Court of Pennsylvania, 2024
Com. v. Cristo-Munoz, J.
Superior Court of Pennsylvania, 2023
Com. v. McQueen, G.
Superior Court of Pennsylvania, 2022
GOAD (RALPH) VS. STATE
2021 NV 17 (Nevada Supreme Court, 2021)
Goad v. State
488 P.3d 646 (Court of Appeals of Nevada, 2021)
Commonwealth, Aplt. v. Housman, W.
Supreme Court of Pennsylvania, 2020
Commonwealth v. Housman, W., Aplt.
Supreme Court of Pennsylvania, 2020
Com. v. Lewis, K.
Superior Court of Pennsylvania, 2019
Com. v. James, D.
Superior Court of Pennsylvania, 2019
Com. v. Williams, H.
Superior Court of Pennsylvania, 2019
Com. v. Fitzgerald, S.
Superior Court of Pennsylvania, 2019
Com. v. Hostetter, J.
Superior Court of Pennsylvania, 2019
Com. v. White, D.
Superior Court of Pennsylvania, 2019
Com. v. Way, C.
Superior Court of Pennsylvania, 2019
Com. v. Sadik, S.
Superior Court of Pennsylvania, 2017
Com. v. Berete, M.
Superior Court of Pennsylvania, 2017
Com. v. Green, J.
Superior Court of Pennsylvania, 2017
Com. v. Lingafelt, B.
Superior Court of Pennsylvania, 2017
Com. v. Garcia, C.
Superior Court of Pennsylvania, 2017

Cite This Page — Counsel Stack

Bluebook (online)
887 A.2d 1218, 585 Pa. 11, 2005 Pa. LEXIS 2589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-zook-pa-2005.