Dragani v. Dragani

42 Pa. D. & C.4th 295, 1999 Pa. Dist. & Cnty. Dec. LEXIS 143
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJune 22, 1999
Docketno. A06-98-61559A-23
StatusPublished

This text of 42 Pa. D. & C.4th 295 (Dragani v. Dragani) 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
Dragani v. Dragani, 42 Pa. D. & C.4th 295, 1999 Pa. Dist. & Cnty. Dec. LEXIS 143 (Pa. Super. Ct. 1999).

Opinion

DEVLIN SCOTT, J„

Anthony Dragani, husband, has appealed our May 5, 1999 order granting the petition for protection from abuse filed by Carolyn Dragani, wife. We offer this opinion in support of our decision.

The parties were married in 1982 and divorced a few years later. They then remarried in 1986 after the birth of their first child. There were three children born of the marriage; Peter, 13 years old, Christopher, 11 years old, and Michael, 9 years old. Husband has been employed by the Conrail Police Department in Newark, New Jersey for 22 years. He currently holds the rank of lieutenant. Wife has worked outside the home for approximately two years, cleaning houses. At the time of the hearing, the parties had been informally separated for at least several weeks. Husband worked nights and Wife remained away from the parties’ house during the day. She then came back to the home to stay with the children the nights when Husband went to work.

[297]*297At the hearing on May 5, 1999, Wife testified to two recent incidents of abuse. The most recent incident occurred on April 18,1999, when Wife came to the marital residence at approximately 4 p.m. Husband was scheduled to work that evening. She testified that Husband cornered her and said he was going to kill her. When she tried to get out the garage door, Husband slammed the door on her. She had bruises on her legs and upper right underarm as a result. Photographs were introduced which depicted the bruises. (Exhibits P-1 and P-2.) Wife continued to try to get away but Husband tackled her to the floor. The incident lasted approximately 15 minutes during which Wife tried to crawl across the den floor and get out a door but was blocked repeatedly by Husband. She went back and forth across the den floor. Husband had his hand over her mouth at some point and she could not breathe. She was finally able to get out through the garage door and get away in her car. During this incident, Husband had grabbed her by her blouse in the back and it ripped. The ripped blouse was produced as an exhibit at the hearing. (Exhibit P-3.) The parties’ children witnessed at least part of this incident. Wife filed a report with the police later that day. On cross-examination, Wife denied that it was the children who had physically tried to prevent her from leaving. She indicated that she would not have been stopped by any of them, as the children did not weigh enough. Wife weighed approximately 115 pounds and Husband weighed approximately 215 pounds.

The other incident to which Wife testified in detail occurred on March 17, 1999. At that time when Wife came to the house in anticipation of Husband going to work there was another confrontation. Husband cornered Wife. When she tried to get away, he slammed the door [298]*298to the basement on her finger. He told her she was not going anywhere. On cross-examination, Wife testified that she had not consumed any alcohol on either occasion. Wife also testified that she feared Husband’s possible use of his guns. (N.T., p. 12.)

Husband then testified as to his version of the events on both dates. He indicated that Wife has “an attitude.” (N.T., p. 41.) He said that on April 18,1999, Wife smelled like alcohol and that her eyes were funny. He acknowledged some physical interaction but claimed it was only to prevent Wife from leaving the house and driving drunk. He claimed that the children participated in trying to stop Wife from leaving. On cross-examination, Husband did acknowledge that the police report which Wife filed on April 18,1999 indicated that Wife was at the police station at 6:30 p.m., but there is no mention of any alcohol in the police report.

Even though he had filed for divorce in 1998, Husband stated that he wanted to reconcile with his Wife and that he loved her very much. The parties had attempted a reconciliation for several months after the divorce was filed. However, this reconciliation was not permanent. A principal source of tension between the parties at the time of the hearing was Wife’s absence from the home when Husband was there. He did not want her living away from the house at any time.

Both parties made reference to other prior violence but were not specific. (See N.T., p. 12,1. 4 and p. 34,1. 2.) Wife cried frequently throughout the hearing. During Wife’s testimony, Husband was very agitated and appeared angry. He seemed barely in control. He glared at Wife frequently.

We found Wife’s testimony credible. We did not find Husband’s testimony credible. At the conclusion of the [299]*299hearing on May 5, 1999, we entered a one-year protection from abuse order which included the term that Husband was not to abuse, harass, stalk or threaten Wife. We also entered the Brady Indicator as part of this order. Husband then filed this timely appeal.

Husband has filed the following concise statement of matters complained of on appeal:

“(1) It was error for the court to admit photographs without proper authentication.
“(2) It was error for the court and an abuse of discretion to decide the matter before hearing all the evidence and to capriciously disbelieve competent evidence.
“(3) The order by its terms does not explicitly prohibit the use, attempted use, or threatened use of physical force against Wife that would reasonably be expected to cause bodily injury.
“(4) The evidence, taken as a whole, does not support the entry of a protection from abuse order.
“(5) The court erred in issuing a protection from abuse order in that the evidence does not establish that Wife suffered bodily injury.
“(6) The evidence is insufficient to support the entry of a Brady Indicator.
“(7) The form of the order is unconstitutionally over-broad in that as drawn, it requires a Brady Indicator in every case in which a protection from abuse order is entered.”

The matters in this statement fall into two categories: (A) Issues involving the evidence at the hearing and whether a protection from abuse order should have been entered; and (B) Issues involving the Brady Indicator. We will discuss each of these issues below.

[300]*300ISSUES INVOLVING THE ADMISSIBILITY AND SUFFICIENCY OF THE EVIDENCE AT THE HEARING

1. It Was Not Error for the Court To Admit Photographs Depicting the Abuse

At the hearing, Husband objected to the admission of the two photographs, (P-1 and P-2), on the basis that the photographer was not there to authenticate the photographs. Wife testified that the pictures were taken on April 19, 1999 by Paula Narrone. Wife testified that the photographs accurately depicted the bruises she received from Husband on April 18, 1999. It was Husband’s position throughout the hearing that Paula Narrone had a relationship with Wife. (See N.T., p. 53.)

Under the Pennsylvania Rules of Evidence, photographic evidence may be authenticated by a witness who has personal knowledge of what the picture depicts. Pa.R.E. 901(b)(1). Also see, Commonwealth v. Rovinski, 704 A.2d 1068 (Pa. Super. 1997). It is not required that the photographer be the one to testify as to the authenticity. Aiello v. SEPTA,

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Related

United States v. Miller
307 U.S. 174 (Supreme Court, 1939)
Commonwealth v. Robinson
670 A.2d 616 (Supreme Court of Pennsylvania, 1995)
Ortiz v. Commonwealth
681 A.2d 152 (Supreme Court of Pennsylvania, 1996)
Commonwealth v. Ray
272 A.2d 275 (Superior Court of Pennsylvania, 1970)
Commonwealth v. Ray
292 A.2d 410 (Supreme Court of Pennsylvania, 1972)
Aiello v. Southeastern Pennsylvania Transportation Authority
687 A.2d 399 (Commonwealth Court of Pennsylvania, 1996)
Commonwealth v. Rovinski
704 A.2d 1068 (Superior Court of Pennsylvania, 1997)

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Bluebook (online)
42 Pa. D. & C.4th 295, 1999 Pa. Dist. & Cnty. Dec. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dragani-v-dragani-pactcomplbucks-1999.