Philadelphia Criminal Defense Blog

Zak Goldstein 6/9/26 Zak Goldstein 6/9/26

PCRA Court Grants New Trial for Attorney Goldstein’s Client in Cumberland County Sexual Assault Case Due to Trial Counsel’s Failure to Call Character Witnesses

Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire, of Goldstein Mehta LLC recently won a new trial for a client in the case of Commonwealth v. J.R. In an opinion and order issued on June 9, 2026, the Cumberland County Court of Common Pleas granted J.R.’s Post-Conviction Relief Act petition, finding that trial counsel provided the ineffective assistance of counsel by failing to call character witnesses at J.R.’s trial on sexual assault charges. The court ordered a new trial and set unsecured bail, clearing the way for J.R.’s release after he had served nearly two years in state prison.

Commonwealth v. J.R.: The Allegations and the Trial

The case arose from a night out in March 2023. J.R. and three co-workers went out drinking after their shifts ended at the restaurant where they worked. At the end of the night, one co-worker drove the group home in his small two-door car. A second co-worker rode in the front passenger seat, while J.R. and the complainant sat in the back seat. The complainant became heavily intoxicated over the course of the evening and later alleged that J.R. forced the complainant to engage in sexual contact, including oral sex, during the drive. The front seat passenger testified that she heard the complainant say “help me” and turned to see J.R. holding the complainant’s hand against him. The driver testified that he did not observe any sexual contact. After J.R. was dropped off, the complainant disclosed the alleged assault to the two other co-workers, and they went to the police the following morning.

J.R. was arrested and proceeded to a jury trial in May 2024. He took the stand in his own defense and admitted that sexual contact occurred, but he testified that it was entirely consensual. The jury found him guilty of involuntary deviate sexual intercourse, sexual assault, and related offenses, and the trial court sentenced him to four and a half to nine years’ incarceration. The Superior Court affirmed the judgment of sentence on direct appeal in December 2025.

The PCRA Petition

J.R. retained Attorney Goldstein, who filed a timely Post-Conviction Relief Act petition on his behalf. The petition raised two claims of ineffective assistance of counsel: first, that trial counsel failed to impeach the driver, a Commonwealth witness, with his extensive history of crimen falsi convictions, and second, that trial counsel failed to call character witnesses on J.R.’s behalf even though several witnesses were available and willing to testify to his reputation for peacefulness and non-violence. The court held an evidentiary hearing in May 2026 at which trial counsel testified.

To win a new trial based on the ineffective assistance of counsel, a PCRA petitioner must prove that the underlying claim has arguable merit, that counsel had no reasonable strategic basis for the act or omission, and that counsel’s error prejudiced the petitioner, meaning there is a reasonable probability that the outcome of the trial would have been different. Under the Pennsylvania Supreme Court’s decision in Commonwealth v. Sneed, where the claim involves the failure to call a witness, the petitioner must also show that the witness existed, that the witness was available and willing to testify for the defense, and that counsel knew of or should have known of the witness.

The Court’s Ruling: Character Witnesses Were Critical in a He Said/She Said Case

At the hearing, it was uncontested that character witnesses existed, that they were available and willing to testify for the defense, and that trial counsel knew about them. Trial counsel testified that he chose not to call them because he did not want to distract the jury from his trial strategy, which was to argue that it would have been impossible for J.R. to sexually assault the complainant in the back seat of a small, moving car. He also acknowledged that he never consulted with J.R. about the decision.

The PCRA court rejected that explanation. As the court observed, the defense actually presented at trial was not impossibility. J.R. testified that the sexual contact was consensual, which made the trial a classic he said/she said credibility contest between J.R. and the complainant. Trial counsel himself recognized that the verdict would turn on the jury’s assessment of those two witnesses, yet he neither consulted his client about ways to bolster his credibility nor called any of the available character witnesses who could have done so. Calling character witnesses could not have undermined the defense theory because the defense theory hinged entirely on J.R.’s credibility.

Pennsylvania law treats character evidence as substantive evidence, not a mere formality. Evidence of a defendant’s good reputation may, by itself, create a reasonable doubt and require a verdict of not guilty. The principle carries particular weight in sexual assault cases. As the Pennsylvania Supreme Court explained in Commonwealth v. Weiss, in a case “where there are only two direct witnesses involved, credibility of the witnesses is of paramount importance, and character evidence is critical to the jury’s determination of credibility.” Relying on Weiss and the Superior Court’s recent decision in Commonwealth v. Alceus, the court concluded that trial counsel had no reasonable basis for failing to call character witnesses and that J.R. suffered prejudice as a result.

The court denied the separate claim concerning the impeachment of the driver. Although it agreed that the claim had arguable merit because trial counsel knew about the crimen falsi convictions and chose not to use them, the court found that counsel had a reasonable strategic basis for that decision and that no prejudice resulted. The driver did not witness the alleged assault, and his testimony was cumulative of the testimony of the other Commonwealth witnesses. The new trial was therefore granted on the character witness claim.

The Result

The court granted the PCRA petition and ordered a new trial. Because J.R. had previously posted $250,000 bail and had already served approximately twenty-two months of his fifty-four month minimum sentence, the court set bail at $250,000 unsecured pending the retrial, with the condition that he have no contact with the complainant. That ruling allows J.R. to be released from state prison while the case is pending.

This decision highlights the critical role that character evidence plays in Pennsylvania criminal trials. In a sexual assault case that comes down to the word of the complainant against the word of the defendant, evidence of the defendant’s reputation for peacefulness and non-violence may be the only corroboration the defense can offer, and the law recognizes that it may by itself create a reasonable doubt. Trial counsel must investigate potential character witnesses, consult with the client about whether to call them, and have a real strategic reason before leaving that evidence on the table. When counsel fails to do so, the PCRA may provide a path to a new trial.

Facing criminal charges or appealing a criminal case in Pennsylvania?

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. 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.

Zak Goldstein 6/6/26 Zak Goldstein 6/6/26

Jury Acquits Attorney Goldstein’s Client of Third-Degree Murder in One-Punch Homicide Case

Zak T. Goldstein, Esquire - Criminal Defense Lawyer

Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire, recently obtained a not guilty verdict on the charge of third-degree murder in Commonwealth v. K.F., a homicide trial in the Philadelphia Court of Common Pleas. The case arose from a widely publicized 2022 incident in which a single punch thrown outside a Center City bar caused the death of a patron who had earlier been removed from the bar. The jury found K.F. not guilty of third-degree murder, a felony of the first degree that carries a maximum sentence of 40 years’ incarceration. The jury instead convicted K.F. only of involuntary manslaughter, a misdemeanor of the first degree with a maximum sentence of five years.

This case was a tragedy for everyone involved. A 41-year-old man lost his life, and K.F. has expressed nothing but remorse for the punch that caused his death. No verdict could change that loss. But the legal question for the jury was narrow: had the Commonwealth proven beyond a reasonable doubt that K.F. acted with malice, the element that separates murder from manslaughter under Pennsylvania law? After four years of litigation, including the pre-trial dismissal of the murder charge and a Commonwealth appeal that reinstated it, the jury concluded that the answer was no.

Background

The evidence showed that in the early morning hours of April 16, 2022, K.F. was working as a security guard at a bar in Center City Philadelphia. He was not employed by the bar itself; he worked for a private security company that the bar had retained to provide security staff. That night, bar staff decided to remove a patron who had become severely intoxicated. Security guards escorted the patron outside, and he remained in the area, eventually dancing in the street in front of the bar. Another guard tried to move him out of the roadway. K.F. then walked up to the patron and punched him once in the face. The man fell, struck his head on the street, and lost consciousness. He was taken to a nearby hospital, where he died days later. The medical examiner attributed the death to complications of blunt impact injuries to the head and ruled the death a homicide.

K.F. remained at the scene. He was charged with homicide later that month and turned himself in to the police. Following a preliminary hearing in July 2022, the Philadelphia Municipal Court held him for court on a charge of third-degree murder.

The Motion to Quash

The defense moved to quash the return of transcript. A motion to quash, which is the Philadelphia term for a pre-trial petition for a writ of habeas corpus, asks the Court of Common Pleas to dismiss a charge on the ground that the Commonwealth failed to present a prima facie case at the preliminary hearing. The motion argued that the evidence could not support a charge of third-degree murder because the Commonwealth could not establish malice.

Malice requires more than carelessness or even ordinary recklessness. It exists only where the defendant acted with the intent to cause serious bodily injury or with “a conscious disregard for an unjustified and extremely high risk that his actions might cause death or serious bodily harm.” Commonwealth v. Packer, 168 A.3d 161, 168 (Pa. 2017). Involuntary manslaughter, by contrast, requires only that the defendant caused a death as the direct result of doing an act in a reckless or grossly negligent manner.

Pennsylvania courts have long recognized that a death caused by bare fists usually does not amount to murder. In Commonwealth v. Dorazio, 74 A.2d 125, 129 (Pa. 1950), the Pennsylvania Supreme Court explained that “[o]rdinarily where an assault is made with bare fists only, without a deadly weapon, and death results there would only be manslaughter.” Whether a bare-fisted assault establishes malice depends on the circumstances, including the size of the assailant, the manner in which the fists are used, the ferocity and duration of the attack, and the provocation. Id. at 130. In Commonwealth v. Thomas, 594 A.2d 300 (Pa. 1991), a single unexpected punch that knocked the decedent down and caused him to strike his head on the pavement was held insufficient to establish malice where the two men were roughly equal in size and had been drinking together.

The trial court agreed with the defense and dismissed the third-degree murder charge in December 2022, concluding that a single punch, thrown without a weapon and without more, did not establish the malice required for murder.

The Commonwealth’s Appeal

The Commonwealth appealed, and in July 2024, the Pennsylvania Superior Court reversed in a published opinion and reinstated the murder charge. The Superior Court held that there is no per se rule that a single punch can never establish malice. The question instead depends on the particular circumstances of each case. Viewing the preliminary hearing evidence in the light most favorable to the Commonwealth, as courts must at that stage, the Superior Court concluded that the Commonwealth had presented a prima facie case of malice based on the size disparity between K.F. and the decedent, the lack of provocation, and K.F.’s awareness of the decedent’s intoxication.

That ruling resolved only the question of whether the Commonwealth could take the murder charge to a jury. The prima facie standard is a low one. The Commonwealth need only produce some evidence of each element of the offense, and at that stage, the court may not weigh the evidence or assess the credibility of the witnesses. Proving malice to a unanimous jury beyond a reasonable doubt is a far more demanding task.

The Trial

The case went to trial before a jury in June 2026, more than four years after the incident. The defense did not dispute the basic facts. The punch was captured on surveillance video, and there was no question that it led to the decedent’s death. The dispute was over the degree of the homicide: whether a single punch thrown by a security guard who was dealing with an intoxicated patron reflected the conscious disregard of an extremely high risk of death or serious bodily injury that the law requires for murder, or instead the recklessness or gross negligence that makes an unintentional killing involuntary manslaughter.

The jury deliberated for a morning before returning its verdict. It found K.F. not guilty of third-degree murder and guilty only of involuntary manslaughter. Instead of a first-degree felony conviction carrying up to 40 years in prison, K.F. now awaits sentencing on a first-degree misdemeanor carrying no more than five years. Sentencing is scheduled for July 31, 2026.

Why This Result Matters

One-punch homicide cases are difficult. The harm is catastrophic and irreversible, but the conduct often involves a momentary decision rather than the cruelty, hardness of heart, or conscious disregard for human life that the law requires for a murder conviction. Pennsylvania law accounts for that difference through the degrees of criminal homicide, and the jury’s verdict in this case reflected those distinctions.

The case also illustrates how much the standard of proof matters. The Superior Court’s decision reinstating the charge meant only that the Commonwealth had produced enough evidence, viewed in the light most favorable to it, to put the question of malice to a jury. At trial, where the Commonwealth had to prove every element beyond a reasonable doubt, the jury rejected the murder charge. A defendant who loses a pre-trial motion or an appeal under the prima facie standard still has the right to hold the Commonwealth to its full burden at trial.

Finally, the result reflects the value of litigating a serious case at every stage. The motion to quash, the appeal, and the trial all turned on the same question: whether one punch, under these circumstances, amounted to malice. The defense pressed that question for four years, and the jury ultimately answered it in the negative, acquitting Attorney Goldstein’s client of murder.

Facing Criminal Charges in Pennsylvania?

Criminal Defense Attorney Zak T. Goldstein, Esquire

If you or a loved one is 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 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 more than a decade in prison for a crime he did not commit. 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.

Zak Goldstein 5/12/26 Zak Goldstein 5/12/26

PCRA Court Grants New Trial for Attorney Goldstein’s Client in Internet Contraband Case Following Successful Appeal

Philadelphia criminal defense attorney Zak T. Goldstein, Esquire, has secured a new trial for his client, M.D., in a long-running child pornography case in the Philadelphia Court of Common Pleas. Following the Pennsylvania Superior Court’s July 2025 decision reversing the denial of M.D.’s Post Conviction Relief Act petition and remanding the matter, the PCRA court entered an order on April 10, 2026 granting PCRA relief and awarding M.D. a new trial. The PCRA court also granted bail pending any further appeals, meaning that after years of incarceration on the underlying conviction, M.D. will be released from custody while the case proceeds.

The Commonwealth filed a notice of appeal from the order granting PCRA relief on April 22, 2026, and the PCRA court issued a supplemental opinion on April 27, 2026 explaining its decision.

Background

M.D. was convicted at a second jury trial of dissemination of child pornography, fifteen counts of possession of child pornography, and one count of criminal use of a communication facility. His first trial had ended in a mistrial because the jury could not reach a unanimous verdict. The trial court sentenced him to an aggregate term of five to ten years’ incarceration, followed by seven years of reporting probation. The Superior Court affirmed the judgment of sentence on direct appeal, and the Supreme Court of Pennsylvania denied allowance of appeal.

M.D. then filed a timely PCRA petition raising claims of ineffective assistance of trial and appellate counsel. The PCRA court appointed new counsel, who amended the petition, and the PCRA court ultimately dismissed it. M.D. then retained Attorney Goldstein for the appeal from the denial of his first PCRA petition.

On the first appeal, Attorney Goldstein raised layered claims of ineffective assistance — arguing both that trial counsel mishandled key aspects of the defense and that initial PCRA counsel failed to raise those issues in the amended PCRA petition. In particular, PCRA counsel had not argued that trial counsel was ineffective for repeatedly informing the jury that, when the police executed a search warrant at his home and read him Miranda warnings, M.D. declined to give a statement, refused to sign the Miranda waiver, and asked to speak with a lawyer.

The Superior Court initially remanded the case for an evidentiary hearing on the layered claims of ineffectiveness. On remand, the PCRA court heard testimony from trial counsel and from prior PCRA counsel and again denied the petition. Attorney Goldstein appealed a second time.

The Superior Court’s July 2025 Decision

In a non-precedential decision filed July 28, 2025, the Superior Court reversed in part and remanded. The Court held that M.D. had established all three prongs of the ineffective assistance test as to trial counsel’s repeated references to his pre-arrest, post-Miranda silence.

The Court explained that trial counsel’s injection of M.D.’s silence into the case was not “circumspect” or limited to its context. Instead, trial counsel referenced M.D.’s silence in her opening statement and twice elicited testimony about it on cross-examination of officers. Although trial counsel testified that her strategy was to portray M.D.’s silence as the conduct of an innocent person who understood the court system and reasonably wanted to consult a lawyer, the Superior Court rejected that strategy as unreasonable. The Court reasoned that omitting any mention of his silence offered a substantially greater chance of success, and that “most laymen view an assertion of the Fifth Amendment privilege as a badge of guilt,” citing Commonwealth v. Turner, 454 A.2d 537, 539 (Pa. 1982).

On prejudice, the Superior Court found a reasonable probability that the jury inferred guilt from M.D.’s invocation of his right to remain silent while police executed a search warrant for devices suspected of containing child pornography. The Court concluded that confidence in the verdict was undermined and remanded for the PCRA court to determine whether M.D. had also satisfied the prongs of ineffectiveness as to initial PCRA counsel for failing to raise the issue.

The Commonwealth then filed a petition for allowance of appeal in the Pennsylvania Supreme Court. The Supreme Court denied that petition on February 6, 2026, leaving the Superior Court’s decision intact.

The PCRA Court Grants a New Trial on Remand

On remand, the PCRA court was tasked with deciding whether initial PCRA counsel had been ineffective for failing to raise trial counsel’s improper references to M.D.’s silence in the amended PCRA petition. In a supplemental opinion filed April 27, 2026, the PCRA court explained that, in light of the Superior Court’s holding that the underlying claim against trial counsel was meritorious, it was constrained to find that initial PCRA counsel was ineffective as well.

The PCRA court reasoned that because the Superior Court had already determined that trial counsel had no reasonable basis for her strategy and that M.D. was prejudiced as a result, initial PCRA counsel likewise had no reasonable basis for omitting that claim from the amended petition, and M.D. had necessarily satisfied the prejudice prong of his layered claim. The PCRA court therefore granted PCRA relief and ordered a new trial.

Equally important for M.D. and his family, the PCRA court also granted bail pending any further appeals. As a result, M.D. is set to be released from state prison while the Commonwealth’s appeal proceeds, rather than continuing to serve a sentence that has now been vacated.

Why This Result Matters

This case illustrates several important points about Pennsylvania post-conviction practice. First, layered claims of ineffective assistance — those that allege both that trial counsel was ineffective and that prior PCRA counsel was ineffective for failing to raise the underlying claim — can succeed even after a PCRA petition has already been litigated and denied. A petitioner who is represented by new counsel on appeal from the denial of a first PCRA petition may be able to preserve and litigate claims that earlier counsel overlooked.

Second, the case underscores how dangerous it can be for defense counsel to introduce evidence of a client’s post-Miranda silence, even when counsel believes the silence supports an innocence narrative. Pennsylvania courts have long recognized that references to an accused’s exercise of the right to remain silent may jeopardize the presumption of innocence. Commonwealth v. Molina, 33 A.3d 51 (Pa. Super. 2011) (en banc), aff’d, 104 A.3d 430 (Pa. 2014); Commonwealth v. Turner, 454 A.2d 537 (Pa. 1982). As the Superior Court emphasized here, lay jurors are more likely to view an invocation of the Fifth Amendment as a badge of guilt than as a sign of innocence.

Finally, the bail order is a meaningful and often overlooked aspect of post-conviction litigation. When a PCRA court grants a new trial, the conviction and sentence are vacated. Once those have been vacated, the trial court has discretion to set bail pending any appeal by the Commonwealth. Continued incarceration is not automatic, and in many cases it is appropriate for the client to be released while the appellate process plays out. This is important given that a Commonwealth appeal from an order granting a new trial can take years.

Facing Criminal Charges or Appealing a Criminal Case in Pennsylvania?

If you are facing criminal charges, under investigation, or considering an appeal or PCRA petition, our firm can help. Goldstein Mehta LLC has successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey, including in cases involving 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. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client, and we frequently spot issues and defenses that other lawyers miss. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

Zak Goldstein 5/6/26 Zak Goldstein 5/6/26

Not Guilty: Attorney Goldstein Wins Full Acquittal in First-Degree Murder Case

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire of Goldstein Mehta LLC recently won a full acquittal at trial on charges of first-degree murder, attempted murder, burglary, and Violations of the Uniform Firearms Act in Commonwealth v. R.B. The jury found the client not guilty on every count.

This was a tough case. The Commonwealth alleged that the client kicked in the door of a Philadelphia row home, walked upstairs, and shot two people in a second-floor bedroom, killing one and shooting the surviving complainant in the head. The surviving complainant was the client's sister. She testified at trial and identified the client as the shooter. There was no obvious reason in the evidence for her to make it up.

The Pre-Trial Motions

A lot of the work in this case happened before the trial. The Commonwealth filed a Pa.R.E. 404(b) motion to introduce evidence that the client had been arrested on unrelated charges involving allegations against the complainant's daughter. Attorney Goldstein filed a brief in opposition arguing that the link to the shooting was speculative and that the prejudice of putting child abuse allegations in front of a homicide jury would be overwhelming. The Court agreed and excluded the evidence. That ruling was critical to the outcome.

The Trial

The complainant testified that her brother shot her. But on cross-examination, Attorney Goldstein pointed out that she had told a very different story for hours after the shooting. She did not name the client on the 911 call. She did not name him to the responding officers or paramedics on scene. She told emergency room staff that she did not know who the shooter was. Even after she identified the client to homicide detectives at the hospital around midnight, hospital records showed her continuing to describe an unknown assailant to the nurse practitioner who took her history and physical hours later.

A neighbor across the street, interviewed within minutes of the shooting, described seeing a thin male around 5'7" in a black hoodie, tan pants, and tan boots running away from the house with his hands in his pockets. The client was 59 years old, 5'11", over 230 pounds, used canes, and was authorized for more than 50 hours per week of home health aide services. He was not running anywhere, and by investigating the case and obtaining the client’s medical records, Attorney Goldstein was able to prove this to the jury.

Attorney Goldstein also emphasized the lack of forensic evidence.e The Commonwealth presented no DNA, no fingerprints, no recovered firearm, no gunshot residue, and no cell site data placing the client at the scene. He had googled information about the shooting the next day, but Attorney Goldstein successfully argued that this was equally consistent with innocence. The front door had been kicked in, but despite testifying that she had had the locks changed before the shooting, the complainant admitted on cross that she had testified at a prior hearing that the client still had a key. Finally, the car the Commonwealth claimed was the client's driving past the house on video cameras was not actually the same car — the roof rack was a different color and the trim did not match, and the lead detective conceded as much on cross-examination, realizing for the first time when the defense pointed it out that the cars were not the same.

Ultimately, the entire case depended on whether Attorney Goldstein was able to use cross-examination to convince the jury that the complainant was lying when she testified that her brother shot her in the head and killed her boyfriend. The cross-examination was successful. The jury came back in about an hour with a verdict of not guilty on first-degree murder, third-degree murder, attempted murder, aggravated assault, burglary, and the firearms charges.