Attorney Goldstein Wins New Trial in Murder Case Due to Improper Ruling on Calling Character Witnesses

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire of Goldstein Mehta LLC recently won a new trial for a client convicted of third-degree murder and aggravated assault in Commonwealth v. V.G. In a decision issued on July 16, 2025, the Pennsylvania Superior Court agreed that the trial court violated the client’s constitutional right to present a defense when it prohibited him from calling character witnesses at his retrial for a 2017 shooting in Lehigh County. The Superior Court vacated the judgment of sentence and remanded the case for a new trial, finding that the error was not harmless because the defendant’s credibility was central to the defense and character evidence could have created a reasonable doubt for the jury.

The Evidence in V.G.

The case arose out of a New Year’s Eve party held on December 31, 2017, at a private residence in Allentown. The Commonwealth alleged that the defendant attended the party after receiving an invitation through social media. At some point after midnight, another attendee, the decedent, who was heavily intoxicated, announced to his friend that he was going to take someone’s phone. He then grabbed the defendant’s phone for no reason. The two did not know each other, and the defendant ultimately shot the decedent twice. According to the defendant’s prior testimony from a previous trial which was also overturned, he acted in self-defense after the much larger decedent took his phone, cursed at him, threatened him, and tried to punch him. The defendant then shot a second individual, the decedent’s friend, who the defendant claimed was approaching in a threatening manner with one hand concealed around his waistband as the decedent assaulted him. The surviving complainant was struck three times but survived.

The defendant was eventually charged with the first-degree murder of the decedent and attempted murder on the surviving complainant. At a first trial, he was convicted of first-degree murder and other charges. That conviction was reversed on appeal after the trial court refused to instruct the jury on voluntary manslaughter based on imperfect self-defense. The Superior Court remanded the case for a second trial, which took place in 2023.

The Trial Court’s Ruling on Character Witnesses

Prior to the second trial, the defense indicated that it planned to call character witnesses who would have testified that the defendant, who had no criminal record at the time of the shooting, had a reputation in the community for being a peaceful and non-violent person. These traits were directly relevant to the homicide and aggravated assault charges because Pennsylvania law has long recognized that character evidence may be enough by itself to raise a reasonable doubt and require an acquittal.

The trial judge, however, refused to allow the defense to present character evidence. The trial court relied on a case called Commonwealth v. Kim, which is a diminished capacity case, and concluded that because the defendant admitted to the shootings, character evidence was irrelevant—even though the defendant’s defense at trial was that he acted in self-defense and, at most, committed voluntary manslaughter. Despite defense counsel’s repeated efforts to clarify that the defense was not one of diminished capacity, the trial court barred all character testimony.

PA Superior Court: The Defense Should Have Been Allowed to Call Character Witnesses

The defendant appealed, and Attorney Goldstein successfully convinced the Superior Court to reverse the conviction on appeal. Attorney Goldstein argued that the trial court erred in precluding the character evidence and that the error was not harmless. The Superior Court agreed. The panel held that the trial court misapplied Commonwealth v. Kim and improperly excluded the defendant’s peaceful character evidence. The Court emphasized that:

[The defendant] did not argue a diminished capacity defense. Rather, he argued that he acted in self-defense, committed at most voluntary manslaughter, and did not act with the mens rea necessary for attempted murder, murder, or aggravated assault. Therefore, Kim is inapplicable to the present case.

The Court reaffirmed that defendants are permitted to offer evidence of a reputation for peacefulness in violent crime cases and that such evidence is “substantive” and “may, in and of itself, create a reasonable doubt.” Because the defendant’s credibility was essential to the outcome of the trial—he testified to acting in self-defense while the complainant claimed the shooting was unjustified—the exclusion of this evidence could not be deemed harmless.

The Court concluded:

The character witnesses would have strengthened the defendant’s credibility, and the jury may have been more likely to credit his theory that he acted in self-defense.

The Superior Court vacated the judgment of sentence and remanded the case for a new trial at which the defendant will be able to call character witnesses.

The Importance of Character Evidence in Criminal Trials

This case highlights the critical role that character evidence can play in a Pennsylvania criminal trial. In cases involving violent crimes such as homicide and aggravated assault, the law allows defendants to introduce testimony from community members attesting to the defendant’s reputation for being peaceful, non-violent, or law-abiding. This evidence can be powerful when credibility is at issue, especially in self-defense cases where the only witnesses are the defendant and the alleged victim(s) or complainants.

The Court’s decision reinforces the principle that even when a defendant concedes involvement in a physical confrontation, they are still entitled to present a full defense, including character testimony, when disputing malice, intent, or justification. It also highlights the important of making a good record for appeal. Trial counsel did not leave any doubt that the defendant both intended to call character witnesses and had character witnesses available to testify both at a pre-trial hearing and at trial, thereby making sure that the appellate court could not find the claim undeveloped or waived for appeal.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Goldstein Mehta LLC Defense Attorneys

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.