Matos v. Geisinger Medical Center

37 Pa. D. & C.5th 449
CourtPennsylvania Court of Common Pleas, Columbia County
DecidedMarch 12, 2014
DocketNo. 1067-CV-2013
StatusPublished

This text of 37 Pa. D. & C.5th 449 (Matos v. Geisinger Medical Center) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Columbia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matos v. Geisinger Medical Center, 37 Pa. D. & C.5th 449 (Pa. Super. Ct. 2014).

Opinion

NORTON, J.,

At issue are the defendants’ motions for recusal of the undersigned filed on November 27, 2013 and December 2, 2013 (the “motions”). The present case alleges that Westley Wise presented to the defendants’ health care institutions on January 21, 2011 and January 24, 2011 for a psychiatric evaluation, and that Mr. Wise and/or his family stated that he had a violent psychiatric disorder and that the defendants were requested to admit Mr. Wise to a psychiatric unit. [451]*451The plaintiffs allege that the defendants both released Mr. Wise without admission or proper treatment, and that Mr. Wise proceeded to kill the plaintiffs’ decedent, Jessica L. Frederick, on January 24, 2011.

On November 6, 2013, oral argument occurred on the defendants’ preliminary objections. An opinion and order disposing of said preliminary objections was issued on November 7, 2013 and filed on November 8, 2013. As noted at footnote 1 of said opinion, the parties agreed that no hearing, and thus, no record, was necessary.

At the beginning of argument on November 6, 2013, the undersigned noted that he had been the District Attorney of Columbia County from January 5, 2004 to January 2, 2012. In an effort to be completely candid, the undersigned disclosed that, in 2006, the undersigned prosecuted Mr. Wise on account of an assault upon Jennifer Kams in Columbia County (at the time, the undersigned was not sure of Ms. Kams’ name). Mr. Wise is the actor who has been convicted, through a guilty plea in Montour County before the honorable Thomas A. James, Jr., P.J., of murdering the plaintiff’s decedent in the present case. On November 6, 2013, at oral argument, the undersigned disclosed that he recalled a habeas corpus hearing in the 2006 Columbia County prosecution, in which the victim, Jennifer Kams, denied 42 times that she had any recall of the incident which left her with a knife wound to the neck. At no time did the undersigned state that he had a “vivid memory” of the facts behind the Columbia County criminal acts of Westley Wise. Until the motions were filed, the undersigned had an average recollection of the [452]*4522006 case, mainly that it involved a knife attack, that, at the habeas corpus hearing, the victim denied 42 times that she recollected what occurred and that Westley Wise professed to have some mental illness (this number stuck with the undersigned due to his disappointment at Ms. Kams’ denial of any memory, and his review of the transcript to determine that particular number). The undersigned does not believe that any psychiatric or medical records of Mr. Wise were secured by him when he was district attorney or that he otherwise reviewed any such records.

At the argument of November 6, 2013, after the disclosure, the undersigned stated that, if anyone had an objection, they should articulate it at that point. No express objection was voiced and argument proceeded.

Eventually, the topic of the argument turned to the plaintiffs’ demand for punitive damages and the defendants’ demurrer to that claim. In the midst of argument and the interchange between counsel and the undersigned sitting as judge, the undersigned made statements alluding to his belief that he had to accept all allegations of fact made in the complaint as true for purposes of considering a demurrer, and that, if true, there could be a question of fact as to whether the defendants’ conduct was wanton and willful. At that point, with the undersigned having “signaled” his eventual decision on the demurrer to punitive damages, Geisinger’s counsel questioned the undersigned’s ability to be objective, and she stated, for the first time, that the undersigned would be a witness in the present case. As argument concluded, Geisinger’s counsel asked what the undersigned would do on the issue of recusal, and the [453]*453undersigned stated that, if he determined that recusal was appropriate, he would do so. It is important to note the context after the undersigned “signaled” that he was not going to dismiss the punitive damages claim: There were questions as to the undersigned’s ability to be objective and a relative circling around the issue of recusal, but, contrary to claims by Geisinger’s counsel, there was no motion for recusal expressed on November 6, 2013. This was verified by plaintiffs’ counsel and the undersigned at the hearing on the motions on January 24, 2014. It is also clear that Geisinger’s counsel’s statement that the undersigned would be a witness in the present case was manipulative and tactical in nature, because that threat only came after the undersigned professed an inclination to permit the claim for punitive damages to continue. As a result, this manipulative tactical maneuver was presented in bad faith.

The motions served to refresh some memory in the undersigned regarding his 2006 Columbia County prosecution of Mr. Wise. In that case, Mr. Wise pled guilty to simple assault after the granting of a habeas corpus motion as to attempted murder and aggravated assault counts. The dismissal of the attempted murder and aggravated assault counts greatly reduced the viability of the Commonwealth’s case and left only misdemeanor charges, including simple assault. The motions also attach an omnibus pretrial motion filed on behalf of Mr. Wise in the 2006 Columbia County prosecution, part of which was a motion for psychiatric examination (Geisinger motion Ex. E). Due to the granting of the habeas corpus motion and the guilty plea to simple assault, no hearing [454]*454ever occurred with regard to the motion for psychiatric examination. All that occurred was that the defendant, Mr. Wise, alleged in his motion for psychiatric examination that he had “psychiatric problems” and a “mental illness.” The undersigned was only aware of the allegations of a mental illness, and never heard or saw any proof of the allegations.

To further ensure full disclosure, the undersigned ordered a transcript of Mr. Wise’s guilty plea hearing of September 11, 2007 in the Columbia County 2006 prosecution. This was done not because the undersigned remembered what occurred on that date, but only because the undersigned is aware that all criminal defendants are asked about mental illness as part of a standard guilty plea colloquy. As described in the order of February 24, 2014, until that transcript was produced, the undersigned had no awareness or memory of the nature of the mental illness from which Mr. Wise professed to suffer. The transcript reveals the simple, one word answer: “Bipolar.” Mr. Wise and his attorney professed that Mr. Wise had that illness under control. Even though the undersigned has read the transcript, he has no independent recollection of the guilty plea hearing or of any specific mental illness allegedly suffered by Mr. Wise, and that fact would not be known to the undersigned presently if it were not for the filing of the motions. The undersigned was present for the Commonwealth at Mr. Wise’s guilty plea in Columbia County on September 11,2007. Contrary to the unfounded statements by Geisinger’s counsel, the undersigned, as district attorney, did not conduct any investigation into the mental status of Mr. Wise. That was for the court to do [455]*455at Mr. Wise’s guilty plea hearing of September 11, 2007, and the court conducted that colloquy. The relevant part of the transcript has been made a part of the record for consideration of the Motions, pursuant to the terms of the order of February 24, 2014 and the lack of any objection to the quoted portions of the transcript.

Mr.

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

Related

United States v. Karl J. Bray
546 F.2d 851 (Tenth Circuit, 1976)
Commonwealth v. Darush
459 A.2d 727 (Supreme Court of Pennsylvania, 1983)
Commonwealth v. Jones
663 A.2d 142 (Supreme Court of Pennsylvania, 1995)
Commonwealth v. O'Shea
567 A.2d 1023 (Supreme Court of Pennsylvania, 1989)
United States v. Gilboy
162 F. Supp. 384 (M.D. Pennsylvania, 1958)
Commonwealth v. Abu-Jamal
720 A.2d 121 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Council
421 A.2d 623 (Supreme Court of Pennsylvania, 1980)
Commonwealth v. GOODMAN
311 A.2d 652 (Supreme Court of Pennsylvania, 1973)
Crawford's Estate
160 A. 585 (Supreme Court of Pennsylvania, 1931)
Commonwealth v. Lawrence
239 A.2d 209 (Superior Court of Pennsylvania, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
37 Pa. D. & C.5th 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matos-v-geisinger-medical-center-pactcomplcolumb-2014.