[1], Sullivan's jury trial began on June 7, 1967. Over defense objection the prosecution offered into evidence thirty-nine color slides taken by the medical examiner *191 at the scene of the crime. Also found in the car were spent cartridges of the same caliber as the bullets removed from the deceased's body. Commonwealth v. Rightnour, 469 Pa. 107, 364 A.2d 927 (1976). 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. 1180-5(a) (Supp. These several contentions were considered by this Court and dealt with in detail in the opinion in support of the order affirming the judgments of sentence. Get free summaries of new Supreme Court of Pennsylvania opinions delivered to your inbox! 121 and 122. Counsel argued that he was entitled to be apprised of the contents of the memo but that the court denied the request. Commonwealth v. Frazier, 455 Pa. 162, 314 A.2d 16 (1974); Commonwealth v. Murray, 452 Pa. 282, 305 A.2d 33 (1973); Cf. Thus, although this rough draft was eventually presented to this Court as well as a brief prepared by the appellant propria persona, it is obvious that these documents did not represent the studied exposition of the difficult and complex issues raised in this trial which is required by our standards, particularly where the charges were as serious as those involved in this lawsuit. Charles Hogan, a hood whose duties as a drug hauler earns him the title of "mule." Thomas Barker, a former member of Wilmington Teamsters Local 326, indicted but not convicted in the 1973 murder of Fred Gawronski at a New Castle, Del., tavern. Furthermore, if the prosecution felt it desirable, schematic drawings of the victim's bodies, showing the relative position of the various bullet wounds could also have been provided for the jury's benefit. The basis of the Collemacine doctrine was to prevent the presentments from being made to a panel at an indefinite time in the future, without knowledge to the accused, thereby precluding the opportunity for the defense to challenge the array of the jury. [18] It is one thing to say that this was careless disregard of our rules relative to the formalities of constructing a brief; it is quite another thing to conclude, as does the majority, that this type of unorthodoxy equates with constitutional inadequacy. In November of that year, on the basis of evidence presented at a Medical Examiner's inquest, John Sullivan, also an officer of the local, was charged with both . Four members of this Court expressed the view that it was inappropriate for the court to comment upon the degree of guilt where that was the only issue for the jury to decide. However, we need not reach the merits of this claim. [1] The court en banc consisted of Judge Barbieri, the trial judge, Judge Greenberg and Judge Bradley of the Court of Common Pleas of Philadelphia County. Janda was shot six times, Gorey three times, all at close range. Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. 121 and 122, pp. President: William Hamilton . We disagree. Commonwealth v. Sullivan, 446 Pa. 419, 435, 286 A.2d 898, 904 (1971). [16] Commonwealth v. Cheeks, 429 Pa. 89, 239 A.2d 793 (1968), cited by the majority at 476, is inapposite to the peculiar facts of this case. 1180-4, of issues otherwise cognizable under that Act. But the Commonwealth had ballistic evidence showing that each of the victims had been shot by each of two firearms. [3] In Commonwealth v. Dawson, the deceased had been bludgeoned and shot to death. She testified that the man who spoke to her identified himself as Gorey. Indeed, in this case, the very witness upon whom the Commonwealth most heavily relies fled from the scene of the crime and thereafter made careful efforts to cover up the fact that he had been in the building at the time of the shooting. Mr. Chief Justice BELL and Mr. Justice EAGEN noted their dissents on the ground that the evidence was insufficient to convict. PHILADELPHIA (WPVI) -- Teamsters Local 830 union group has entered its third week on strike against Liberty Coca-Cola in Philadelphia, the tri-state region's largest provider of Coca-Cola products. Although the admission of such photographic evidence has been held to be a matter within the discretion of the trial judge, the test remains one of ascertaining whether or not the photographs are of such essential evidentiary value that their need clearly outweighs the likelihood of inflaming the minds and passions of the jurors. The evidence was insufficient to establish guilt beyond a reasonable doubt. Justice For Sanitation Workers at Republic/Allied Waste : Teamsters Local 107 . [4] This petition identified some eight respects in which the Court (i.e., the opinion in support of affirmance) had allegedly misunderstood the evidence or misapplied the law. On the evening of June 17, 1966, John Gorey, an officer of Teamsters Union Local 107, and his friend, Rita Janda, were fatally shot at the local union's Philadelphia office building. Our law is well settled that the admission of this type of evidence is within the discretion of the trial court and absent an abuse of that discretion, there is no reversible error. [7]See e.g., Reed v. Universal C.I.T. Corp., 434 Pa. 212, 217, 253 A.2d 101, 104 (1969). Consequently, the fact of even division in the earlier appeal is not here material and is properly not adverted to in the majority opinion, although it was a factor which weighed with the PCHA court. [12] The hearing court took this action, moreover, with the knowledge that the very points on which he based his decision had been made to this Court in the petition for reargument and rejected. Home; Our History. It purported to grant, instead, *184 a nunc pro tunc appeal, apparently accepting defendant's contention that his purported appeal of 1969 was not an appeal after all because counsel's brief had not been "carefully prepared" and oral argument had been waived. In appeals docketed at Nos. Three of these are almost identical. Commonwealth v. Strantz, 328 Pa. 33, 40-42, 195 A. Two ads were dedicated to Bufalino and Sheeran together.. Moreover, one Joseph Vernick testified that he called Gorey's office at a specially arranged time but received no answer despite his repeated attempts between 7:15 and 8:15 P.M. Almost immediately thereafter, appellant exited the conference room through the same doorway which Gorey had previously departed, and which led towards Gorey's office, the scene of the murders. ROBERTS, J., files a concurring and dissenting opinion in which MANDERINO, J., joins. Then he fell halfway under the desk. While we do not condone such a practice we do not find that any prejudice to appellant resulted in this case. Those guys were tough. The next is a close-up view of the right side of the victim's face, with the face and neck occupying almost the entire frame. (A) As previously indicated, a brief was filed on appellant's behalf. It is appellant's position that he was prevented from learning of this information until after the close of the trial and therefore precluded from subpoenaing the detective as a defense witness. Upon review of the record we are satisfied that the defense explored the issue as well as he deemed profitable. I flatly disagree. After Hoffa left prison in 1971, Sheeran claims he was a changed man. Although the Commonwealth concedes that a claim of ineffective assistance of appellate counsel is cognizable under the PCHA, it maintains that "a rational system of judicial decision making demand[s] that [the court in which the direct appeal was initially filed] determine the effectiveness of representation by appellate counsel." Sheeran was close to Hoffa, and gives an insider's feel for the intimate relationship of Hoffa and the Teamster leadership to the mob. Ethan Allen Doty, Administrative Judge. Philadelphia Teamsters Local 107 was considered one of the most corrupt and violent locals in the country. Moldea thinks Sheeran embellished the story by making himself the trigger man, but that otherwise there's a lot to learn from the book. | Cherry Hill, NJ 08003 | 856.912.4007. In this case we were presented not only with a timely petition for reargument but also, as stated above, with another petition for reconsideration, filed approximately a year later. *198 In short, the photographs provided no information that could not have been amply supplied by other sources. The inflammatory effect of the photographs in the instant case was significantly greater, it seems to me, than was condemned in Scaramuzzino. At this time, both Sullivan and McGrath observed John Gorey and Rita Janda arrive at the union hall in Gorey's car and enter the building. Moreover, the appellate court is not bound by the decision of the PCHA court. The ruination of Louise Sullivan's life began June 20, 1967, the day her husband, John J. Sullivan, a former Teamsters official, was sentenced to two consecutive life terms for the murders of two . Dist. While adopting Sheerans questionable account, The Irishman also offers some snapshots of the Philadelphia underworld in the 1970s. It adds some details and intimate connection to Hoffa that only an insider can provide. This site is protected by reCAPTCHA and the Google. Anyone can read what you share. 612a]. An analysis of the facts supports the jury's findings. Finally, nothing found on Sullivan's person or effects afford an inference that he was present. In fact, the testimony showed that two guns were used in the murders. We disagree. Bill Hamilton has been a Teamster since 1966. Then a bullet was fired through his window at . In Goins, supra, the accused had admitted committing the homicide but asserted the defenses of intoxication and insanity in an effort to lessen the degree of guilt. 121 except that the first two points of the original brief have been dropped. Our review of the record convinces us that these arguments are without merit. These slides were inflammatory, and of no evidentiary value. In that event, the determination of waiver or the decision on the merits would be subject to review on the direct appeal. Corbin v. Myers, 423 Pa. 243, 223 A.2d 738 (1966), cert. At this time appellant was represented by the late John Patrick Walsh, Esquire. It therefore issued an order granting Sullivan leave to file a new appeal to this Court. We therefore remanded the case to the trial court for a further exploration into counsel's reasons for his decision. If the Commonwealth believes that the evidence is insufficient to support the court's findings of fact or its legal conclusion that counsel was ineffective, the Commonwealth may appeal to the appropriate appellate court as was done in the present case. It reveals the bullet wound to the right temple, with the blood that once flowed from it across the forehead now dried and caked. They would take care of their own problem.. . [4] Applying this test, it is clear that the gruesome nature of these photographs created a "substantial likelihood of inflaming the minds and passions of the jurors." v. In support of this position appellant has offered an affidavit supplied by Mr. Walsh prior to his death. The date was on or about November 26, 1969. Whether the petition for reconsideration was also part of the record at the PCHA hearing is not clear. Appellant next presents numerous claims that he was denied his right to effective assistance of trial counsel. Momentarily, the shots were heard and Carchidi told McGrath to ". Under such circumstances there is no conceivable basis for concluding the decision was made to effectuate the interests of the client. Hence, there was no Brady violation for trial counsel to preserve. It is true that the brief had no proper backer, one segment was triple-spaced and it lacked a statement of jurisdiction and of questions involved or a summary of argument. Item Description. Specifically, appellant alleges that McGrath should not have been permitted to testify that immediately after the shootings Carchidi stated, "Get out of here and don't say nothing," (sic). [16] Because, however, the Court considers the matter anew and now reverses itself *186 by affirming the post-conviction hearing court's order, I address the question briefly on the merits. Having reviewed the slides and considered the trial court's cautionary instructions to the jury, we conclude there was no abuse of discretion in the admission of these photographs. The record is unclear as to who filed it with the Supreme Court, although Mr. Peruto assumed "someone in my office might have done something about it." PO Box 10128 | Detroit, MI 48210 | (313) 842-2600 | [emailprotected], Teamsters Rank and File Education and Legal Defense Foundation, PO Box 10303 | Detroit, MI 48210 | (313) 842-2615 | [emailprotected], Copyright 2015 | All Rights Reserved. These points, of course, could not have been presented by original appellate counsel, who were also trial counsel. When this case was first before this Court, Mr. Justice Pomeroy described the slides as "repulsive, showing not only close-ups of the contorted bodies of the two deceased persons lying in pools of blood, but also close-ups of the bullet holes in the heads and other portions of *175 the anatomies of the victims." In determining whether appellate counsel was effective, the PCHA court passes not on our decision, but only on the conduct of the counsel who presented the appeal. The fact that a guy like Sheeran was chosen to head one of the new locals put the lie to the "reform" effort. This conduct was consistent with one who was privy to the events which had transpired. The evidence further justifies an inference that Sullivan attempted to conceal his identity and presence by answering the telephone as "Gorey." 454a]. The Community of Madrid sponsors the new edition of Mad Cool to attract more international tourism. These variations were strenuously argued to the jury as an attack upon the witness' credibility. See Commonwealth v. McNeill, 462 Pa. 438, 341 A.2d 463, 465 (1975). It was where he got his start. Initially, the Commonwealth argues that under the PCHA, "a trial-level court" cannot find that a petitioner's appellate counsel was ineffective and grant him leave to file a new appeal. (Emphasis added.) Nobodys driving a body six-hundred miles to bury it.. Further, he also attempted to convince McGrath to leave the premises and do the cleaning another day. Appellant concedes that the Commonwealth has proved all the essential elements of the murders except the identity of the perpetrator. 2311(a) formerly Supreme Court Rule 32, but will order argument in a submitted case where it feels that it would be particularly helpful; it may even order reargument in a case already once argued in order to obtain further clarification. Commonwealth v. Petrisko, 442 Pa. 575, 580, 275 A.2d 46, 49 (1971). The next photograph is a close-up of the victim's right shoulder taken from the rear, revealing *194 a bullet hole to the upper right arm and also shows the victim's chin, mouth, right breast, and right arm stained with blood. I also agree that appeal from the post-conviction court's order is without merit. Accordingly we will not consider the question on appeal. He was identified as a mob leader in the 1987 RICO lawsuit against top Teamsters that led to the present-day consent order. Atty., Steven H. Goldblatt, Asst. (The owner of the house now has a website, apparently shopping for his 15 minutes of fame.). In this photograph, the victim's upper lip is drawn slightly upward, revealing her teeth in a grotesque "snarl.". While mob influence in the Teamsters (and in the USA overall) is lower today, the culture created then lives on inside much of the Teamsters. The point is, he was involved with the mob in a significant way. No conversation ensued between Carchidi and Sullivan but Carchidi repeated appellant's urgings to leave the work until Sunday. Very few persons exposed to full color slide photographs of blood smeared bodies, with bullet riddled faces, lying in literal pools of blood, could dispassionately decide whether the prosecution had sustained its burden of proving beyond a reasonable doubt that the perpetrator of such crimes was, in fact, the same man accused of committing them. Mr. Peruto testified that it was Mr. (now Judge) DiBona who served as chief counsel for appellant during trial and made all decisions relevant to Sullivan's defense while he, Peruto, was merely assisting. 474, 475) of this Court inhibits it from passing upon the adequacy of performance to which it and not the lower court or even the client, is witness. 872, 701, as amended, repealed by the Act of December 6, 1972, P.L. [22] In any event, waiver of oral argument cannot be said as a matter of law to have rendered counsel constitutionally ineffective.[23]. PHILADELPHIA, Sept. 25 (AP) The Federal Bureau of Investigation today arrested the president of a teamsters union local and a former official of the union on charges that they had violated Federal racketeering statutes by committing murder, attempted murder, arson and embezzlement of union funds. By entertaining the present appeal at No. Those photographs depicting the physical scene of the crime, while some of them were gruesome to the extent that they depicted the blood flowing across the floor, and were objectionable for that reason, could have been taken after the blood had been cleaned. And it wasnt Frank Sheeran.. denied, 386 U.S. 1013, 87 S. Ct. 1361, 18 L. Ed. This was the world in which Sheeran operated. By refusing to declare that this litigation came to an end at least as long ago as 1973, the Court ignores its own wise teaching. Peter F. Vaira, the United States Attorney here, said that the two were indicted yesterday by a Federal grand jury after an 11month, multistate investigation by the F.B.I., the Federal Bureau of Alcohol, Tobacco and Firearms, and the Federal Drug Enforcement Administration. - Leading city in street shootings and people stabbed in the street. We therefore hold that there is absolutely no evidence that a conflict existed. They had a long relationship built around trust. Unless the probity of the particular pictures offered is carefully considered, and the alternative sources of proof are given proper consideration, these assertions become legal fictions by which the standard set out in Commonwealth v. Powell, 428 Pa. 275, 241 A.2d 119 (1968), is circumvented. 1975). Commonwealth v. Breaker, supra; Commonwealth v. Wilson, 429 Pa. 458, 240 A.2d 498 (1968); Commonwealth ex rel. In November of that year, on the basis of evidence presented at a Medical Examiner's inquest, John Sullivan, also an officer of the local, was charged with both murders. Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1974);[6]*143 Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1974); Commonwealth v. Murray, 445 Pa. 546, 284 A.2d 778 (1971). The court characterizes the brief of prior counsel as "highly unorthodox" because it failed to comply with our rules. The Commonwealth asserts that a brief, in fact, had been filed and that the decision to submit the case on briefs was reasonably made in Sullivan's best interests. Sheeran believes the 1972 book by Kennedy aide Walter Sheridan played a role in the Hoffa murder. . McGrath left the union hall and noticed four cars other than his own parked in the lot. 121 and 122 and appellee at No. Appellant was still seated by the window when McGrath entered that office. A somewhat more detailed recital of the relevant history of the case is necessary to an understanding of the jurisprudential issue. The last of this group of photographs shows the left side of the victim's face, the left side of her neck and her right breast, indicating the blackened, swollen, left eye, blood flowing from the nose, and blood flowing from the left ear. [8] Hearings were held on five days between April and August, 1974 before the Hon. Having attempted to impeach the credibility of the witness, we are convinced that counsel's stewardship was not ineffective merely because he did not expose every arguable inconsistency in McGrath's testimony. Judge Doty's opinion states, however, that the photograph issue "can be re-considered" by this Court on reargument, and that on reargument also "there may be a full argument on the question of sufficiency of the evidence." In the instant case we have almost three times as many photographs shown to the jury for almost twice as long a period of time, depicting the bodies of the victims, revealing in horrible detail how they were mutilated by the perpetrator of the homicide. . On June 19, 1967, the jury found him guilty of two counts of murder in the first degree. In a case where the evidence was circumstantial and a paramount issue was sufficiency, it is understandable that counsel could conclude, in his client's best interest, that the less said about the factual details, the better. [20] Restrictions on oral argument are being frequently imposed by appellate courts because of their heavy workloads, a condition suffered by each of the three appellate courts of this Commonwealth. The thrust of the objection was directed to a private communication between court and prosecution from which the defense was excluded. The Irishman is based on the book I Heard You Paint Houses written by Sheerans lawyer Charles Brandt. It represents truck drivers,. POMEROY, Justice, concurring and dissenting. View Full Article in Timesmachine , See the article in its original context from. The structure and function of an appellate court precludes it from being an initial factfinder. A scrap paper found in the wastebasket alongside the desk where appellant had been seated prior to the victim's arrival contained Ms. Glenn's name and telephone number. For these reasons we find that the charge was proper and therefore there was no necessity for counsel to object. Allen, a degenerate drug dealer as well as mob associate, was cooperating with the FBI at the time and was wearing a body wire. In *161 passing upon the claim of ineffective assistance, the single question is whether counsel's choice of strategy had some reasonable basis designed to effectuate his client's interests. 9-10. 122 from denial of post-conviction relief) is devoted to five claims of ineffectiveness of trial counsel, claims which were denied by Judge Doty in the post-conviction proceeding.