PA Superior Court Reins in Prior Bad Acts Evidence in Homicide Case

Criminal Defense Lawyer Zak Goldstein

The Pennsylvania Superior Court has decided the case of Commonwealth v. Green, holding that the trial court improperly granted the Commonwealth’s Prior Bad Acts Motion in a homicide trial. The Superior Court found that the facts of the two cases were not sufficiently similar to justify introducing evidence that the defendant had previously committed another crime and therefore the defendant was unfairly prejudiced at trial. This case is very significant because prosecutors frequently attempt to introduce evidence of prior misconduct by the defendant in serious cases and courts routinely grant these motions. Once a jury learns that the defendant already has a criminal record, it becomes extremely difficult to obtain a fair trial. Therefore, it is very important the Superior Court has found a limit to what type of prior bad acts evidence prosecutors may introduce at trial.

Commonwealth v. Green

A woman was shot and killed in her convenience store in South Philadelphia. A man entered the decedent’s store, aimed a firearm at her, and shot her ten times. The man then fled the store. A short time later, the gunman, later identified as the defendant, was seen on video surveillance entering a black Chevrolet Impala located nearby. 

A Philadelphia Police detective spoke to the defendant’s girlfriend. The girlfriend told the police about a night that happened six months prior to the murder. According to the girlfriend, the defendant left her alone in his house and after he left, the girlfriend spoke with the decedent’s grandson and they decided to steal the defendant’s favorite necklace. The girlfriend stole the defendant’s necklace and then gave it to the grandson to pawn. They then split the money and used it to buy drugs. 

Four days after the shooting, the defendant was arrested and was charged with first-degree murder, carrying a firearm without a license, carrying a firearm on a public street in Philadelphia, possession of an instrument of crime, and recklessly endangering another person. The Commonwealth filed a motion to introduce prior bad acts. Specifically, the Commonwealth sought to present evidence regarding an incident that took place 14 months prior to the murder. During this incident, the defendant allegedly had a physical altercation over a drug dispute with an individual named “Jay” and in retaliation, shot at “Jay’s” grandmother’s house. However, the defendant was not arrested regarding this incident. According to the Commonwealth, this showed that the defendant had a common scheme or plan of committing retribution against the grandmothers of those with whom he had drug disputes. The trial court granted the Commonwealth’s motion to admit the evidence of the prior shooting.

The defendant elected to proceed by jury trial and represented himself. During his first trial, the trial court declared a mistrial because the jury was unable to return a unanimous verdict. During the defendant’s second trial, he was found guilty of all charges. On the same day, the trial court sentenced the defendant to life in prison. The defendant filed a post-sentence motion which was denied. The defendant filed a timely appeal. On appeal, the defendant raised several issues, but for purposes of this blog, only the issue of whether the trial court improperly granted the Commonwealth’s prior bad acts motion will be addressed. 

What is a Prior Bad Acts Motion? 

            Pennsylvania Rule of Evidence 404(b) is the relevant rule that governs prior bad acts motions. Rule 404(b) states: 

1)    Prohibited Uses. Evidence of a crime, wrong, other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character. 

2)    Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. In a criminal case this evidence is admissible only if the probative value of the evidence outweighs its potential for unfair prejudice. 

            Evidence of prior crimes is not admissible for the sole purpose of demonstrating a criminal defendant’s propensity to commit crimes. However, this type of evidence may be admissible in certain circumstances where it is relevant for some other legitimate purpose and not utilized solely to blacken a defendant’s character. Specifically, other crimes evidence is admissible if offered for a non-propensity purpose, such as proof of an actor’s knowledge, plan, motive, identity, or absence of mistake or accident. As such, when this evidence is offered for a legitimate purpose, evidence of prior crimes will be admissible if its probative value outweighs its potential for unfair prejudice. 

When ruling upon the admissibility of evidence under the common plan exception, the trial court must examine the details and surrounding circumstances of each criminal incident to assure that the evidence reveals criminal conduct which is distinctive. In making its decision, trial courts are supposed to consider the habits or patterns of actions undertaken by the defendant. Additionally, trial courts must also consider the time, place, and types of victims. Further, the common plan evidence must not be too remote in time to be probative to the instant matter. 

The Pennsylvania Superior Court’s Decision  

The Pennsylvania Superior Court reversed the trial court and granted the defendant a new trial. The Superior Court found that the two incidents were just too different, and therefore the trial court committed reversible error by granting the Commonwealth’s motion. Specifically, the Superior Court found that two different guns were used in the shootings; the defendant was not arrested in the prior bad acts motion shooting; the two shootings were 14 months apart; and in the prior bad acts shooting, only the door was shot. Because these two shootings were too distinctive from one another, the evidence of the prior shooting should not have been admitted at the trial. Therefore, the Court vacated the defendant’s judgment of sentence, and the defendant will receive a new trial.

Facing Criminal Charges? We Can Help. 

Criminal Defense Lawyers Zak Goldstein and Demetra Mehta

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.