PA Superior Court Finds Speculation Insufficient to Prove Mens Rea at Preliminary Hearing

Criminal Defense Lawyer Zak Goldstein

The Pennsylvania Superior Court has decided the case of Commonwealth v. Wyatt, holding that the trial court properly dismissed involuntary manslaughter, homicide by vehicle, and related charges stemming from a fatal motor vehicle accident where the Commonwealth was able to show only that the defendant caused the accident without explaining how or why. The Superior Court held that the Monroe County Court of Common Pleas correctly granted the defendant’s Petition for Writ of Habeas Corpus (also known as a Motion to Quash in Philadelphia) because the Commonwealth failed to establish a prima facie case of the requisite mens rea. This is an excellent case which illustrates that the preliminary hearing is not a mere formality and that the Commonwealth must prove each element of an offense by a preponderance of the evidence. This includes a showing that the defendant acted with criminal intent where required by statute. It is not enough for the Commonwealth to simply prove that something bad happened and that the defendant was involved.

The Facts of Wyatt 

In Wyatt, the defendant was driving a tractor-trailer southbound on Interstate 380. At around 10 am, the defendant’s truck crossed the median separating the north- and southbound lanes and crashed into oncoming traffic, causing the deaths of three people and serious injuries to five other people. The Commonwealth eventually charged the defendant with aggravated assault by vehicle, homicide by vehicle, involuntary manslaughter, recklessly endangering another person, and other motor vehicle code violations. The defendant waived his preliminary hearing, but he filed a petition for writ of habeas corpus when the case reached the Court of Common Pleas.

What is a petition for writ of habeas corpus?

The petition for writ of habeas corpus is the mechanism by which a defendant may ask the trial court to dismiss the charges prior to trial. It is essentially a motion to dismiss which asks the Court of Common Pleas judge to review the notes of testimony from the preliminary hearing and determine that the magisterial district justice in the counties or Municipal Court judge in Philadelphia improperly held the defendant for court on some or all of the charges. The Commonwealth may respond by introducing additional evidence at the hearing on the motion, but most motions rely primarily on the notes of testimony from the preliminary hearing.  

In some cases, the petition for writ of habeas corpus results in the preliminary hearing taking place in the Court of Common Pleas instead of at the magisterial district justice level. In Philadelphia, it is unusual to waive the preliminary hearing. Outside of Philadelphia, however, it is not unusual in a serious case to waive the preliminary hearing at the magisterial district court and then litigate a petition for writ of habeas corpus in the Court of Common Pleas. Where the parties have agreed that the defendant may file a petition for writ of habeas corpus after a waiver of the preliminary hearing, the Court of Common Pleas judge will then essentially conduct a preliminary hearing, and the defense may ask the judge to dismiss the charges. That is what happened in this case.

In Philadelphia, the petition for writ of habeas corpus is more commonly called a Motion to Quash. It is essentially the appeal of the Municipal Court Judge’s ruling that the District Attorney’s Office met its burden at the preliminary hearing. The defendant may not argue at a hearing on a Motion to Quash or Habeas Petition that the witnesses were lying, but the defense may argue that the evidence was insufficient and that charges should be dismissed.  

The habeas hearing

At the hearing on the habeas motion, the Commonwealth called the affiant, a Pennsylvania State Police Trooper. The Commonwealth proceeded under a theory that the defendant had acted recklessly in crossing into the wrong lane of traffic and causing the accident. Under Pennsylvania law, the Commonwealth cannot prove the mens rea of recklessness solely by showing that an accident occurred and the defendant may have been to blame. Instead, a person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation.

The majority of the charges in this case such as homicide by vehicle and involuntary manslaughter required the Commonwealth to prove that the defendant at least acted recklessly. At the hearing on the motion, the Commonwealth argued that the defendant must have acted recklessly because the investigators were able to rule out most potential causes of the accident. For example, the trooper testified that the weather was fine and there was no evidence of a mechanical failure. The trooper also testified that the defendant had potentially received but not responded to text messages and that he had unrestrained dogs in the cabin of the truck. Other evidence showed that the defendant was not speeding, had not been driving erratically, and that he did not have any medical incidents and was not eating food or drinking at the time. The scene also did not reveal braking or skid-marks.

Accordingly, the Commonwealth argued that the lack of bad weather and mechanical failures, combined with the fact that the defendant had two dogs in the cabin, crossed into the other lane of traffic, and had potentially received text messages, circumstantially gave rise to an inference that the defendant must have acted recklessly. Without any concrete explanation as to why the defendant crossed into the wrong lane, the trial court found that prosecutors were merely guessing at the defendant’s intent and that they had failed to prove that the defendant acted recklessly - meaning they could not prove that he consciously disregarded a known risk.  

The Superior Court Appeal

The Commonwealth appealed the dismissal of the charges to the Pennsylvania Superior Court. The Superior Court affirmed the dismissal of the charges on appeal. The court found that neither negligence nor the mere occurrence of an accident, even a fatal accident, without more, is sufficient to prove recklessness even at the preliminary hearing or habeas petition level. There was simply no evidence as to what caused the accident. The Commonwealth proved only that the defendant caused a tragic accident by crossing into the wrong lane of traffic; it completely failed to prove what caused him to do that. Therefore, the Commonwealth was unable to meet its burden of proving that the defendant did it with recklessness or any other level of criminal intent. Accordingly, the Superior Court affirmed the dismissal of the charges.  

Does the Commonwealth have to prove a mens rea at the preliminary hearing?

There is often a rush to prosecute someone who may have caused a fatal accident solely because of the headlines and other media attention that this type of accident may receive. This case, fortunately, shows that automobile accidents generally do not give rise to criminal charges where the Commonwealth cannot show that something more than a true accident occurred. Crimes require both that the defendant did something and usually that the defendant acted with criminal intent, and this requirement applies both at the trial level and at a preliminary hearing. This case re-establishes that accidents are not always criminal and that the Commonwealth must provide some evidence of each element of an offense even with the reduced burden it must meet at the preliminary hearing or habeas hearing. It also illustrates the importance of speaking with an attorney prior to giving a statement to law enforcement. In this case, the defendant did not say anything to police that could have later been used against him. Had he admitted to texting, not paying attention, or driving while tired, the outcome of the case could have been very different.

Facing criminal charges? We can help.

Criminal Defense Lawyers Demetra Mehta and Zak Goldstein

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. In just the past few months, we have won motions to suppress in cases involving drug possession, gun possession, and Driving Under the Influence (“DUI”). We have also successfully obtained full acquittals, dismissals, and other successful results in cases involving charges such as Conspiracy, Possession with the Intent to Deliver, Aggravated Assault, Rape, and Homicide. 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. 

Pennsylvania Supreme Court Justices Can’t Agree On Admissibility of Hearsay At Preliminary Hearing

Is Hearsay Admissible at a Preliminary Hearing? 

The Pennsylvania Supreme Court has just dismissed the appeal in Commonwealth v. Ricker, thereby failing to decide the issue of how much hearsay may be admitted at a preliminary hearing in order for the Commonwealth to establish a prima facie case. The use of hearsay by the prosecution at a preliminary hearing has long been a heavily contested issue. For years, the rule was that the prosecution could introduce some evidence via hearsay testimony in order to establish a prima facie case, but the prosecution could not have a defendant held for court and a case sent to the Court of Common Pleas for trial without at least some live testimony by a witness with personal knowledge.

The Use of Hearsay at the Preliminary Hearing and the Pennsylvania Rules of Criminal Procedure

That basic rule began to change in 2011 when the Pennsylvania Supreme Court issued new Rules of Criminal Procedure expressly allowing for the use of hearsay to prove the elements of ownership and non-permission in cases involving property crimes like Theft, Burglary, and Robbery. In order to prove Theft, the prosecution would normally have to show that the defendant took someone else’s property without permission and did not intend to give it back. This would often require two witnesses. First, the complainant who had the property stolen would have to testify that something that person owned was stolen and that the complainant did not give the person who took the property permission to take it. Second, the police officer who arrested the defendant in possession of the stolen property would testify that the officer arrested the defendant and the defendant had the stolen goods.

By permitting ownership and non-permission testimony to come in through hearsay, the rule allowed the Commonwealth to call only the professional police witness, who is more likely to appear for court because it is part of his or her job, to testify at the preliminary hearing. This allowed more cases to survive the preliminary hearing because the complaining witness would only be required for trial. Of course, many cases do not go to trial, leaving many defendants forced to decide whether or not to plead guilty without any meaningful chance to challenge the evidence against them. Before the Pennsylvania Supreme Court adopted the rule, judges would frequently dismiss cases because the owner of the property or house involved in a Burglary or Theft would fail to appear for court. The rule was an attempt to provide the defendant with a continued right to a meaningful hearing while at the same time lessening the burden on victims and witnesses to miss work and other obligations for multiple pre-trial court dates.

Shortly after enacting the 2011 rule, the Pennsylvania Supreme Court amended the rule to permit other types of testimony to come in to evidence via hearsay. The rule currently reads:

Hearsay as provided by law shall be considered by the issuing authority in determining whether a prima facie case has been established. Hearsay evidence shall be sufficient to establish any element of an offense, including, but not limited to, those requiring proof of the ownership of, non-permitted use of, damage to, or value of property.

The amended rule expanded the number of cases in which hearsay could be used to prove various elements of the charged offenses at the preliminary hearing. Nonetheless, important protections remained in effect because the rule did not state that hearsay could be used to prove every element or all elements of an offense, and the Pennsylvania Supreme Court had previously ruled that a case could not be held for court at the preliminary hearing based on hearsay alone.

Commonwealth v. Ricker and Commonwealth v. McClelland

That all changed in the recent cases of Commonwealth v. Ricker and Commonwealth v. McClelland. In Ricker, the Pennsylvania Superior Court held that the amended rule permits the Commonwealth to establish a prima facie case at a preliminary hearing based on hearsay alone. Ricker did not address whether the Pennsylvania and United States Confrontation Clauses, which provide criminal defendants with the right to confront (meaning cross-examine) their accusers, prohibit the Commonwealth from establishing a prima facie case at a preliminary hearing based solely on hearsay. Unfortunately, in McClelland, a panel of the Superior Court again found that the Commonwealth could establish a prima facie case based solely on hearsay because the Confrontation Clause does not apply at a preliminary hearing.

The defense appealed in both Ricker and McClelland, and the defense bar has been anxiously awaiting the Pennsylvania Supreme Court’s review of the Ricker decision. Unfortunately, the Pennsylvania Supreme Court just announced that it has decided to punt on the issue. Instead of determining exactly how much hearsay is allowed at a preliminary hearing, the Supreme Court dismissed the appeal in Ricker as “improvidently granted.” In a concurring opinion, Chief Justice Saylor explained that the Court simply could not agree on a result and felt that the Ricker case was not the appropriate vehicle for resolving all of the issues. In a dissenting opinion, Justice Wecht argued that the Court should have resolved the issue either way and that the Superior Court’s holding in Ricker should be reversed. Because the Court has refused to rule on the issue for now, the exact procedure which should be used at a preliminary hearing will continue to be the subject of litigation.  

Despite the PA Supreme Court’s refusal to resolve the issues in Ricker, the Petition for Allowance of Appeal is still pending in McClelland. Therefore, it remains a possibility that the Court could still resolve these issues. The Court could provide an authoritative ruling on exactly how much hearsay is permitted at a preliminary hearing either by revisiting the issue in McClelland or by engaging in the rule-making process to make the Rules of Criminal Procedure clearer. In the absence of action by the Court, criminal defendants throughout Pennsylvania will remain subject to a wide variety of preliminary hearing procedures and subject to a severe disadvantage in terms of the defense’s ability to test the strength of the Commonwealth’s case at the preliminary hearing.

Most Judges in Philadelphia Require More Than Just Hearsay

In Philadelphia, most judges continue to require some level of non-hearsay testimony, and it is important to note that the rules and the case law do not require a judge to permit the Commonwealth to proceed based solely on hearsay. Instead, McClelland instructs judges to continue evaluating and analyzing the reliability of the Commonwealths’ evidence. Given the high volume of cases, it seems likely that this practice will continue for most cases. Further, many of the most serious cases in Philadelphia such as Attempted Murder and Robbery cases are now charged by way of a secret (and probably even more unfair) Indicting Grand Jury at which the defense is not present or able to cross-examine witnesses instead of by preliminary hearing. In the suburban counties, magistrates are more likely to allow the prosecution to proceed based solely on hearsay. In the short term, the practice in Philadelphia may not change dramatically. In the long term, it remains to be seen whether prosecutors will continue to call witnesses at preliminary hearings and whether the Pennsylvania Supreme Court will revisit this issue.

AWARD-WINNING PHILADELPHIA CRIMINAL DEFENSE LAWYERS

Goldstein Mehta LLC Philadelphia Criminal Defense Attorneys

If you are facing criminal charges, we can help. Our Philadelphia criminal defense lawyers have successfully defended thousands of clients against a wide variety of criminal charges in preliminary hearings and at trial. Call 267-225-2545 for a complimentary 15-minute criminal defense strategy session with one of our award-winning defense attorneys. 

Recent Case Results - Successful Outcomes in Robbery, Burglary, Probation, Possession, and Sex Crimes Cases

Our Philadelphia criminal defense lawyers have continued to obtain successful results on behalf of our clients in cases involving sex crimes, robbery, burglary, and Possession with the Intent to Deliver. These successful outcomes have included bail reductions, the dismissal of all charges, favorable results in pre-trial Motions to Suppress, and probationary and house arrest sentences. In the past two months alone, we have achieved a number of wins, including:

Commonwealth v. S.A. - S.A. was charged with rape, involuntary deviate sexual intercourse, sexual assault, and related charges. The magistrate initially set bail at an extremely high amount due to the seriousness of the charges, and SA was unable to make bail. Within 24 hours of being retained, Attorney Goldstein obtained a significant bail reduction, and the defendant was able to make bail. After the defendant made bail, Attorney Goldstein was also able to have all charges dismissed at the preliminary hearing.

Commonwealth v. H.S. - Our criminal defense lawyers were able to obtain a full dismissal of all charges in a burglary case against HS at the preliminary hearing.

Commonwealth v. S.V. - Our attorneys were able to obtain a sentence of house arrest and drug treatment for a defendant who was convicted of drug charges. After the defendant was convicted of Possession with the Intent to Deliver, our defense attorneys arranged for the defendant's other open matters, including a case for which the defendant was on probation, to be brought in before the sentencing judge so that the defendant could be sentenced on all of the cases at the same time and only have one back judge. This procedure is called a 701 consolidation, and it can be very helpful in terms of avoiding multiple probation judges and consecutive sentences for a defendant who has violated probation.

Although the sentencing guidelines called for a state prison sentence and the defendant had been on probation at the time of the new arrest, our defense attorneys were able to convince the sentencing judge to give the defendant a chance to serve a house arrest sentence and obtain drug treatment. By investigating the client's background, our lawyers learned that despite being on probation for a similar offense, the defendant had never been ordered to undergo any kind of addiction treatment. Now, instead of serving time in state prison, the client will have the chance to receive treatment in the community, and the Court will also assist the client with obtaining educational and job training.

Commonwealth v S.A. - Attorney Goldstein obtained a full dismissal of all charges in a Robbery case at the preliminary hearing. In this case, the complainant alleged that the defendant had been part of a group that assaulted him and stole his tablet. After the complainant testified that he had been under the influence of prescription medication at the time of the incident and was no longer sure if the defendant had been present, Attorney Goldstein was able to convince the preliminary hearing judge to dismiss all charges. Prior to the preliminary hearing, Attorney Goldstein obtained a significant bail reduction which allowed the client to fight the case from out of custody.

Cmmonwealth v. D.S. - Our attorneys successfully moved for a bail reduction in a felony gun possession case. After the judge at the preliminary hearing refused to reduce bail, Attorney Goldstein immediately moved for a bail reduction in the Court of Common Pleas, and the Common Pleas judge reduced bail from $35,000 to $15,000.

In Re: J.W.: We negotiated an admission to Criminal Trespass in a juvenile delinquency case where the client was originally charged with felony burglary for breaking and entering into a school after hours. After hearing the defense's mitigation evidence and recommendation at disposition (sentencing), the Family Court judge found that the client was not in need of supervision and dismissed all of the charges. The defendant will not even have to be on probation, and the entire record of the case can be expunged.

Commonwealth v. E.G. - All charges dismissed prior to trial in domestic violence case involving Simple Assault and Recklessly Endangering Another Person charges.

Commonwealth v. M.M. - Client was arrested on a potential technical probation violation. Attorney Goldstein filed a motion to lift the detainer and had a hearing scheduled within a week. At the hearing, our defense attorneys convinced the judge to find that the client had not violated the terms of his probation. The client was immediately released the same day.

Commonwealth v. W.L. - The defendant was arrested on a bench warrant due to a failure to show up for court for a preliminary hearing. Our attorneys were able to have the bench warrant lifted without a finding of contempt of court and obtain Sign on Bond bail, meaning the defendant was released without an increase in bail.

Commonwealth v B.M. - We were able to successfully have Possession with the Intent to Deliver PCP and Conspiracy charges dismissed, leaving only charges related to marijuana sales for trial.

Commonwealth v. J.W. - Our defense attorneys obtained the dismissal of charges of selling crack cocaine and conspiracy at a preliminary hearing. The defendant will now face much less serious charges related only to marijuana in a trial in the Municipal Court. A conviction for Possession with the Intent to Deliver of crack cocaine may often involve jail time, whereas even a conviction for PWID of marijuana in the Municipal Court is more likely to result in probation.

Commonwealth v. M.G. - Successfully negotiated Section 17 disposition on drug possession charges. The Section 17 program requires the defendant to plead no contest and be placed on a period of probation. If the defendant successfully completes the probation, then the charges will be dismissed and can be expunged.

Commonwealth v. A.C. - Successfully negotiated for client who was facing assault charges to obtain entry into a Domestic Violence diversion program. If the client pays a small fine, completes a number of counseling sessions, and stays out of trouble for approximately four months, the entire case will be dismissed and can be expunged. Pursuant to the terms of the program, the client was not required to enter into any kind of plea or admission of guilt.

Commonwealth v. J.H. - Successfully negotiated for client's entry into drug treatment court for client facing two cases of Possession with the Intent to Deliver. If client completes the program, the charges will be dismissed and can be expunged, and client will not have a felony record.

I just found out I'm facing charges - now what?

There are a number of ways that you may find out that you are facing criminal charges. In some cases, a detective may call you and ask you to turn yourself in. In others, the police or warrant unit may come looking for you at your home when you aren't there. Sometimes, you may be pulled over and arrested on a warrant as part of a traffic stop.

Regardless of how you find out, you need to know what is coming next. If you haven't been arrested yet but know you are facing a warrant, you need to turn yourself in. An experienced and respected attorney can negotiate a turn-in date with the assigned detective so that you have time to get your affairs in order and arrange for funds with which to make bail. An attorney can also make sure that the police do not try to question you to obtain incriminating statements. 

After you turn yourself in, you will have a preliminary arraignment, and a magistrate or commissioner will set your initial bail. You will then be scheduled for a preliminary hearing or probable cause hearing. A preliminary hearing is your first chance to challenge the charges against you. At the preliminary hearing, the prosecutor or police have to show that it is more likely than not that a crime was committed that you did it. An aggressive criminal defense attorney may be able to knock out some or all of the charges at the preliminary hearing. Even if the charges cannot be dismissed at the preliminary hearing, the hearing can be used as discovery to advance any potential motions to suppress and other defenses that you may have at a later stage. 

If you know that there is a warrant for your arrest or you are scheduled for a preliminary hearing, don't delay. Contact the Philadelphia criminal defense attorneys of Goldstein Mehta LLC at 267-225-2545 immediately for a free consultation about your case. 

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