PA Superior Court: Internet Search for Criminal Defense Lawyer May Not Be Used Against You at Trial
Criminal Defense Lawyer Zak T. Goldstein, Esquire
The Pennsylvania Superior Court has decided the case of Commonwealth v. Lang, holding that the trial court properly granted the defendant a new trial where the previous judge, who had been removed from the bench, allowed the Commonwealth to admit evidence that the defendant searched for a criminal defense attorney online before he was charged with any crimes. The result here seems obvious based on the constitutional right to a lawyer in both the Pennsylvania and United States Constitutions, but somehow the original judge had allowed this internet search into evidence.
Commonwealth v. Lang
The defendant, a priest, allegedly sexually abused the complainant when he was a minor at a church in Munhall, Pennsylvania. Specifically, the complainant alleged that the defendant took a naked picture of him and threatened to show the complainant’s friends this picture. The defendant also forced the complainant to masturbate him. The complainant did not report the abuse until 17 years after the alleged abuse occurred. The defendant was subsequently arrested and charged with attempted aggravated indecent assault, three counts of indecent assault, indecent exposure, corruption of minors, sexual abuse of children, and unlawful contact with a minor.
The defendant elected to proceed by way of a bench trial. At the trial, the Commonwealth called the complainant to the stand, and he testified to the above allegations. Additionally, the Commonwealth also admitted into evidence a Pennsylvania Attorney General report that disclosed the results of an investigation into clergy abuse in the Commonwealth of Pennsylvania. This report named several priests who were accused of misconduct, but the defendant was not one of them. However, the Commonwealth also introduced evidence of the defendant’s internet searches where he was searching for “top Pittsburgh criminal attorneys” one day after the release of this report. The defendant also testified at his trial. He specifically denied ever sexually abusing the complainant and claimed he did not even know him. The trial court was not persuaded by the defendant’s testimony and found him guilty of one count of unlawful contact with a minor, indecent exposure, corruption of minors, and three counts of indecent assault.
After his trial, but before his sentencing, the defendant’s case was assigned to a new judge. The defendant was sentenced to a term of 9 months’ to 2 years’ incarceration, followed by 5 years’ probation. The defendant filed a timely post-sentence motion arguing that he was entitled to a new trial based on the erroneous admission of his internet searches under the theory of consciousness of guilt. The post-trial court found that the defendant’s constitutional right to due process was violated by the introduction of the internet search evidence “being presented and being material to the outcome of the case” and that the prejudicial impact of that evidence “outweighed any probative value.” The post-trial then granted the defendant a new trial. The Commonwealth then filed a timely appeal.
The Pennsylvania Superior Court’s Decision
The Pennsylvania Superior Court affirmed the post-trial court’s order granting the defendant a new trial. The issue before the Superior Court was whether a prosecutor could use a defendant’s search of an attorney in its criminal case against said defendant. Prior to this decision, Pennsylvania Appellate courts had never addressed this issue, and this was an issue of first impression. In making its decision, the Superior Court reviewed prior decisions that were tangentially related to this issue in Pennsylvania and in other jurisdictions. Specifically, the Superior Court analyzed cases where the prosecutor made comments about a defendant’s acquisition of counsel prior to being charged with a crime. In its analysis, the Superior Court found that that appellate courts would overturn convictions when prosecutors would make comments about a defendant’s acquisition of counsel prior to being arrested.
The Superior Court found these decisions persuasive and held that when a prosecutor comments on a defendant’s search for an attorney before charges are filed, the commentary implicates the Sixth Amendment right to counsel. As such, the Superior Court held that the post-trial court properly determined the admission of the defendant’s internet searches for criminal defense attorneys, before he was charged or implicated in any offenses, violated his constitutional right to due process and a fair trial. Further, the introduction of this evidence was not harmless and was prejudicial to the defendant. As such, the defendant will get a new trial and the Commonwealth will not be able to use his internet searches for an attorney in its case against him.
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Goldstein Mehta LLC Criminal Defense Lawyers
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 in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. 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.
