The Pennsylvania Superior Court has decided the case of Commonwealth v. Harris, holding that the Commonwealth must present admissible non-hearsay evidence at a preliminary hearing to establish that a crime was committed and that the defendant was the actual person who committed the crime. It it is not enough to present some live testimony to show that a crime was committed and then use hearsay to show that the defendant committed the crime. Instead, some live, admissible testimony or evidence must be presented to show that it was the defendant who actually committed the crimes charged. This is an important decision which further recognizes the fact that the preliminary hearing is one of the only safeguards against prolonged detention prior to trial in a case where the Commonwealth has little or no competent evidence.  

Commonwealth v. Harris

A Philadelphia Police Officer received a radio call for a gunshot victim in Philadelphia. When he arrived, the officer found the complainant bleeding from gunshot wounds to his right wrists and left thigh. The complainant was then taken to a nearby hospital. A short time later, a Philadelphia Detective obtained a statement from the complainant about what happened. The complainant stated that the defendant and his brother confronted him about stealing drugs from them. During the confrontation, both men pulled out guns and began firing, striking the complainant as he ran away. Based on this information, the detective then went to the crime scene and found multiple projectiles and fired cartridge casings. The detective then returned to the hospital with photographs of the defendant and his brother and the complainant identified them as the men who shot him. 

For unknown reasons, the Commonwealth waited two years before finally filing its criminal complaint against the defendant. The defendant was arrested and charged with attempted murder, aggravated assault, VUFA offenses, and other related offenses. The complainant would not attend the defendant’s preliminary hearings. As such, the Commonwealth called the detective who testified to the above stated facts. The defense attorney objected to this testimony at his preliminary hearing because it was hearsay evidence. The defendant was then held for court on all charges. After the defendant’s preliminary hearing was decided, the Pennsylvania Supreme Court issued its decision in Commonwealth v. McCelland, which held that the Commonwealth cannot rely on hearsay alone to establish a prima facie case at a preliminary hearing. The defendant then filed a motion to quash the charges against him and the trial court granted his motion. 

The Commonwealth then filed an appeal. On appeal, the Commonwealth argued that McCelland was not applicable to the defendant’s case because it had presented other non-hearsay evidence at the preliminary hearing. According to the Commonwealth, so long as the prosecution presents some direct evidence for one element of a charged offense, then it is allowed to rely on hearsay alone for the other elements of the crime, including the identification of the defendant. The Commonwealth argued that Rule 542 (E) of the Pennsylvania Rules of Criminal Procedure permits this. 

The Pennsylvania Superior Court’s Decision  

The Pennsylvania Superior Court affirmed the trial court’s order quashing the charges against the defendant. First, the Superior Court stated that the preliminary hearing is not a formality and that its purpose is to “prevent a person from being imprisoned or required to enter bail for a crime...for a crime which there is no evidence of the defendant’s connection.” In making its decision on the Commonwealth’s appeal, the Superior Court analyzed both the relevant statutes and prior case law addressing these issues. First, the Superior Court looked at Rule 542 of the Pennsylvania Rules of Criminal Procedure which states that at a preliminary hearing, the court must determine whether there is a prima facie case that an offense has been committed and that the defendant has committed it. 

Based on these principles, Superior Court held that at the preliminary hearing the Commonwealth must present admissible non-hearsay evidence to establish both whether there is a prima facie case that a crime was committed and that the defendant committed said crime. In other words, the Commonwealth must present admissible non-hearsay evidence to establish the elements of the crime and that the defendant was the perpetrator of said crime. Additionally, the Superior Court rejected the Commonwealth’s argument that it can establish any element of the charges offenses with hearsay once it adduces non-hearsay evidence as to any element of the crime. The Superior Court opined that hearsay evidence is admissible, but it must be used to either corroborate direct evidence regarding an element of the crime or crimes charged or evidence that has to do with “the value of the property for grading purposes, lab reports and such [that] can be introduced because they do not materially affect the defendant’s due process rights.” Therefore, the trial court’s order to quash the charges against the defendant is granted, and the Commonwealth will have to rearrest him and present admissible non-hearsay evidence at his trial if they wish to proceed with the case against him. 

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