Superior Court Orders New Sentencing Where Judge’s Prior Role Created Appearance of Bias
Criminal Defense Lawyer Zak T. Goldstein, Esquire
The Pennsylvania Superior Court has decided the case of Commonwealth v. Freeman, vacating the judgment of sentence for a juvenile lifer and ordering a new sentencing hearing after concluding that the sentencing judge’s prior role as a prosecutor created an impermissible appearance of bias.
The ruling reinforces an important principle in Pennsylvania criminal law: defendants are entitled not only to a fair judge, but to a judge whose impartiality cannot reasonably be questioned, particularly at sentencing. In other words, a judge must recuse not only when they actually cannot be fair, but also when it appears they might not be able to be fair.
Background
Bryan and David Freeman were 17 and 16 years old, respectively, when they pleaded guilty in 1995 to first-degree murder in connection with the killing of their parents. Under Pennsylvania law at the time, the trial court immediately imposed mandatory life-without-parole sentences. Neither brother filed a direct appeal.
Years later, following the United States Supreme Court’s decisions in Miller v. Alabama and Montgomery v. Louisiana, which held that mandatory life-without-parole sentences for juveniles are unconstitutional and retroactively invalid, both brothers successfully reopened their cases through PCRA proceedings and were granted new sentencing hearings.
After extensive delays, the cases were reassigned to a new judge, who conducted a multi-day resentencing hearing in February 2024. At the conclusion of that hearing, the court imposed new sentences of 60 years to life for each defendant.
The Motion to Recuse
Before resentencing began, the defense filed a joint motion asking the sentencing judge to recuse himself. The motion was based on the judge’s prior involvement as a prosecutor in two closely related matters:
He had previously represented the Commonwealth on appeal against the Freeman brothers’ co-defendant in the same homicide case.
He had also prosecuted a separate “copycat” murder case in which the Commonwealth’s theory was that the Freeman brothers’ crimes inspired another individual to murder his own parents. During that prosecution, the judge, then an assistant district attorney, made public statements emphasizing the Freeman murders as central to that case.
The defense argued that these prior roles created, at a minimum, an appearance of partiality that required recusal. The trial court denied the motion and proceeded with resentencing. Following sentencing, the defendant appealed.
Superior Court’s Decision
On appeal, the Superior Court reversed.
Relying heavily on Williams v. Pennsylvania, the Court emphasized that the recusal inquiry is objective, not subjective. The issue is not whether the judge believed he could be fair, but whether a reasonable observer could question the judge’s impartiality.
The Court held that the judge’s prior prosecution of the Freeman brothers’ co-defendant based on the same facts and involving the same crimes was sufficiently intertwined with the resentencing proceedings to create an impermissible appearance of bias. The Court further noted that the judge’s role in the related “copycat” murder prosecution strengthened the need for recusal.
Because sentencing is one of the most consequential stages of a criminal case, the Superior Court concluded that the failure to recuse required relief. The Court vacated the judgments of sentence, vacated the order denying recusal, and remanded the cases for new resentencing proceedings before a different judge.
Importantly, the Court did not find actual bias. Instead, it made clear that the appearance of bias alone is sufficient to undermine confidence in the fairness of the proceeding.
The Takeaway
This decision is a powerful reminder that judicial neutrality is not optional, especially in sentencing, PCRA litigation, and juvenile lifer cases. Even decades after a conviction, prior prosecutorial involvement in a related case can disqualify a judge if it creates a reasonable appearance of partiality.
For defendants seeking resentencing, post-conviction relief, or appellate review, Freeman underscores the importance of scrutinizing a judge’s prior role and preserving recusal issues for appeal.
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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.
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