The Pennsylvania Supreme Court has decided the case of Commonwealth v. Conforti, affirming the PCRA court’s decision to vacate the defendant’s convictions for murder, rape, and related charges. The Court affirmed the reversal of the defendant’s death sentence because the defendant was able to show in PCRA proceedings that the Commonwealth hid psychological records for the witness which could have been used to impeach the witness at the time of trial.

The Facts of Conforti

In 1990, Kathleen Harbison and and her friend, Sue Fritz, were drinking at Cousins Restaurant and Bar in Wayne County, Pennsylvania. Harbison was seen in the company of the defendant, Michael Conforti, and James Bellman. Harbison left the bar to warm up her car in the early morning hours while Fritz said goodbye to friends. Fritz left the bar a few minutes later. She found Harbison’s car in the parking lot with the engine running, the driver door locked, the passenger door unlocked, the heater running, the radio on high volume, and Harbison’s purse on the back seat. Harbison was nowhere to be found. Before Fritz came outside, someone saw Bellman in his car, which was parked next to Harbison’s car.

A few days later, Harbison’s body was found in a secluded wooded area of Wayne County. Harbison had been stabbed twelve times, and four of the wounds were lethal. The cause of death was multiple stab wounds. There was evidence that Harbison had been bound by the wrists and ankles by handcuffs and that the acts were committed by more than one person.

The defendant and Bellman were arrested and charged with murder and other offenses related to Harbison’s death. Bellman gave a statement admitting to his involvement while the defendant offered no statement. The two were tried at the same time in the Wayne County Courthouse in two separate trials. Then-Wayne County District Attorney (and future judge) Wayne Hamill prosecuted Bellman, and then-Assistant District Attorney Mark Zimmer prosecuted the defendant. After testimony closed in Bellman’s trial but before closing arguments, Bellman, District Attorney Hamill, and Bellman’s lawyer had a meeting in a conference room in the back of the courtroom. After the meeting, Bellman informed District Attorney Hamill that he would testify for the Commonwealth in the defendant’s then ongoing trial.

Bellman testified that on the night of the murder, he and Harbison left the bar in Wayne County and went to the defendant’s house in Pike County. He claimed the defendant forced Harbison to engage in oral sex after telling Bellman to handcuff her. Harbison was then forced into Bellman’s car and driven to a secluded dirt road in Wayne County. Bellman claimed he and the defendant pulled her from the car and then the defendant repeatedly stabbed her with a knife the defendant brought from his trailer before they left.

Bellman continued, that after the killing, he and the defendant stopped at Ledgedale Bridge where the defendant threw the knife and handcuffs into the water. They then burned the blood-stained clothing and car mats from Bellman’s car in the defendant’s burn barrel and cleaned and vacuumed the defendant’s trailer and Bellman’s car. Bellman identified the recovered knife as the murder weapon.

Bellman claimed he decided to testify due to his sympathy for the victim’s family. He claimed that he did not have a plea agreement with the Commonwealth and would not receive anything for his testimony. The day after Bellman’s testimony, the prosecutor and defense attorney stipulated to the following:

The Commonwealth and Defense have stipulated that after Bellman had informed the District Attorney that he wished to testify at this trial -- that is to say the trial of [defendant] -- the District Attorney told him that if he did so and pled guilty to first degree murder in his own trial, the District Attorney would not seek the death penalty.

Mr. Hamill, the District Attorney, further told James Bellman that if he did not plead guilty, he would receive no consideration for his testimony against [defendant].

At the time Mr. Bellman testified in this trial here yesterday, he had not made up his mind which of these options he wished to take.

Since that time, he has pled guilty to first degree murder and he has been sentenced to life in prison.

The defendant took the stand in his own defense, contradicting Bellman’s testimony, and denying any involvement in the murder. The jury convicted the defendant of murder, and the court sentenced him to death. The trial court denied all post-sentence motions, and the Pennsylvania Supreme Court affirmed the defendant’s conviction and judgement of sentence on direct appeal.

 The Defendant’s Post-Conviction Relief Act Petition

The defendant filed a timely pro se petition pursuant to the Post Conviction Relief Act (“PCRA”). The Office of the Attorney General represented the Commonwealth. Multiple hearings were held between October 2018 and November 2021.

Immediately before the PCRA hearing on November 5, 2021, the Commonwealth, represented by the Office of the Attorney General, provided the defendant’s counsel with two of Bellman’s mental health reports from 1980. The reports were created when Bellman was represented by Hamill while Hamill was in private practice. Hamill requested Bellman be evaluated by mental health experts. The reports, based on these evaluations, showed that Bellman was diagnosed as a sociopath by both evaluating doctors.

At the hearing on the petition, the parties entered a stipulation providing that the Office of the Attorney General was provided the file for Commonwealth v. Conforti which was maintained by the Wayne County District Attorney’s Office. The file had been in the possession of the Office of the Attorney General since that time. Counsel further stipulated that the mental health reports were contained in the Wayne County District Attorney’s file in a folder labeled “Misc. Police Reports,” and counsel for the Commonwealth from the Office of the Attorney General was unaware of its presence prior to its discovery and disclosure.

The PCRA judge granted the defendant’s petition, vacating his conviction and sentence on multiple grounds due to Constitutional violations for failing to disclose material exculpatory evidence that may have affected the outcome of the trial. The PCRA court based its decision in Brady v. Maryland, finding that the Commonwealth committed a Brady violation by failing to disclose the exculpatory mental health reports.

The PCRA Court Opinion

The PCRA court made a number of factual determinations in support of the grant of a new trial. First, it concluded that Bellman was negotiating with the Commonwealth for weeks prior to his testimony and that the negotiations were for Bellman to testify against the defendant in order to strengthen a weak, circumstantial case against the defendant. Accordingly, under Brady v. Maryland, this information should have been disclosed prior to trial because Brady requires that any material showing that a Commonwealth witness was looking for favorable treatment or otherwise was motivated to curry favor with the prosecution be disclosed.

Second, the PCRA court addressed the defendant’s claim that the failure to disclose the mental health records also constituted a Brady violation. The court determined that the Commonwealth had possession of Bellman’s mental health reports since 1980 and that the reports remained in the possession of the Commonwealth since that time. The court found that none of the evidence of Bellman’s mental health issues was disclosed to defense counsel prior to trial.

The court emphasized this determination by explaining, had this information been provided to defendant’s counsel prior to trial, defendant’s attorney could have called the authors to tell the jury what they determined to be Bellman’s mental health issues. The court highlighted excerpts of the report stating Bellman had no empathy for others, was selfish, narcissistic, and felt no guilt.

The PCRA court determined the information contained in the reports would have been devastating to Bellman’s credibility at trial. It highlighted the fact that Bellman was the Commonwealth’s key witness, the defendant maintained his innocence, and the rest of the evidence against the defendant was circumstantial.

The court relied heavily on the Third Circuit’s decision in Dennis v. Secretary, Pennsylvania Department of Corrections, which held that Brady material does not have to be evidence that would have resulted in an acquittal, but rather must only be evidence that would undermine confidence in the jury verdict.

The PCRA court further rejected the Commonwealth’s position claiming that counsel for the defendant could have obtained Bellman’s mental health information from sources other than the Commonwealth. The court found that Dennis held that a defendant is entitled to presume that prosecutors will disclose information they are required to disclose. The court ultimately found that Hamill knew about the reports and was obligated to turn them over to the defendant prior to trial. The court therefore granted the defendant a new trial. The Commonwealth appealed.

The Supreme Court’s Opinion

The Supreme Court affirmed. First, the Court addressed the mental health reports. It recognized that in Brady, the United States Supreme Court held that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. The Supreme Court subsequently held that the duty to disclose such evidence is applicable even if there has been no request by the accused, and that the duty may encompass impeachment evidence as well as directly exculpatory evidence. Furthermore, the prosecution’s Brady obligation extends to exculpatory evidence in the files of police agencies of the same government bringing the prosecution.

A Brady violation occurs when:

1.     The evidence is favorable to the accused, either because it is exculpatory or because it could be used for impeachment purposes;

2.     the evidence was suppressed by the prosecution either willfully or inadvertently; and

3.     prejudice ensued, meaning the disclosure of the evidence could have resulted in a different outcome.

First, the Court addressed the Commonwealth’s argument that the defendant waived any claim of a Brady violation by not raising the claim sooner. The Supreme Court agreed with the PCRA court, finding the defendant raised the Brady violation as soon as possible as the defendant did not have the psychiatric reports until they were disclosed in November of 2021. The defendant filed a PCRA petition within one year as required.

The Court continued its analysis by accepting the factual determination that the Commonwealth had the reports in its possession in 1980 and they were located in the case file, yet the Commonwealth failed to disclose them to defendant’s counsel.

The Commonwealth also argued that it did not have to disclose the reports because the reports were not material. The Commonwealth argued there was no reasonable probability that had the reports been disclosed, the result of the defendant’s trial would have been different. The Commonwealth claimed the reports would never have made it to the jury, and even if they had, they did not establish that the defendant did not participate in the murder.

The Commonwealth further argued the reports could not have been used to impeach Bellman’s credibility because only mental health disabilities that impair a witness’s ability to observe, recall, or report events are admissible to impeach credibility.

The defendant responded: “Bellman’s status as a sociopath, including his compulsion to blame others for his actions, his attempts to deceive evaluators, and his inability to feel guilt, made his testimony against defendant unreliable as it impacted his ‘ability to perceive events and to truthfully relate the facts to which he testified at trial.” The defendant further asserted the reports show Bellman to be a sophisticated actor capable of committing the crime on his own and that the reports would have been extremely damaging to Bellman’s testimony.

The Pennsylvania Supreme Court agreed with the defendant’s analysis, determining the reports could have been used to impeach Bellman due to his status as a sociopath. The Court explained his compulsion to blame others for his actions, attempts to deceive the evaluators, and his inability to feel guilt made his testimony unreliable. Ultimately the Court determined the reports qualified as impeachment evidence that was favorable to the defendant. They were therefore Brady material that the Commonwealth was required to turn over so defense counsel could present Bellman’s mental health issues to the jury and the jury could evaluate whether those issues impacted his credibility.

Finally, the Court addressed the prejudice component of the Brady violation. The Court agreed with the PCRA court’s determination that Bellman was the Commonwealth’s key witness. It noted that without Bellman’s testimony, the evidence against the defendant was purely circumstantial. Bellman’s testimony directly connected the defendant to the murder and even alleged that it was the defendant’s idea to murder the victim. The Court further pointed out that Bellman’s credibility was crucial to the case because the defendant testified in his own defense, directly contradicting Bellman. The reports regarding Bellman’s mental health status would have called his credibility into question. The Court determined that if those reports were properly disclosed, there is a reasonable probability the result of the trial would have been different.

The Takeaway

This case does not really change the law in Pennsylvania, but it shows that the courts often take Brady violations seriously. The prosecution has a duty to produce exculpatory evidence. If it does not, then the defendant may obtain a new trial, sometimes even decades later. The Philadelphia District Attorney’s Office currently has an open file policy for old homicide cases and will allow a defense attorney to review the prosecutor’s file as well as the detectives’ homicide file. In many cases, there may be exculpatory evidence which was never disclosed to the defense. If the evidence is compelling enough, it may be the basis for filing a new PCRA and getting back into court. This case is an example of that type of evidence.

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