Philadelphia Criminal Defense Blog

Zak Goldstein 1/3/18 Zak Goldstein 1/3/18

PA Superior Court Reverses Robbery Conviction Because Prosecutors Struck Jurors Due to Race

Prosecutors May Not Discriminate Against Jurors Based On Race

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esq.

The Pennsylvania Superior Court has just decided the case of Commonwealth v. Edwards. The Court reversed Edwards’ multiple convictions for gunpoint robbery after finding that the prosecution improperly struck jurors because they were African American. The Court concluded that the defendant successfully raised a challenge to the prosecution’s decisions during jury selection under the United States Supreme Court’s decision in Batson v. Kentucky.

Edwards was charged with multiple gunpoint robberies and related charges for allegedly robbing five men and shooting one of them. His co-defendant took a plea deal and testified against him in exchange for a reduced sentence, and the jury found Edwards guilty of all of the charges. After he was convicted, he was sentenced to 22 to 44 years of incarceration.

Edwards appealed, raising challenges to the sufficiency of the evidence as well as what is called a Batson challenge. The Superior Court rejected the challenges to the sufficiency of the evidence, but it found that the trial court should have granted the defendant’s motion to seat excluded African American jurors pursuant to Batson. A Batson challenge involves challenging the prosecution’s use of race as a factor in picking and striking jurors during jury selection. In Batson, the United States Supreme Court held that the prosecution violates the Equal Protection Clause of the United States Constitution by striking potential jurors solely on the basis of race.

Batson Challenges

In Pennsylvania, the analysis under Batson involves three stages. First, the defendant must make a prima facie showing that the circumstances give rise to an inference that the prosecutor struck one or more prospective jurors due to their race. Second, when the defense can make such a showing, the burden shifts to the prosecutor to provide race-neutral reasons for why the prosecutor struck the jurors at issue. Third, the trial court must then make the ultimate determination as to whether the defense has proven purposeful discrimination against jurors based on race.

Here, the defendant was able to show that the prosecution had discriminated against the jurors based on race for a number of reasons. First, the trial court used an incredibly suspect method of jury selection in which the list of jurors from which the parties made their peremptory challenges (strikes) included the race and gender of every juror. Second, in making its eight strikes, the prosecutor struck seven African Americans and an eigth non-caucasian potential juror, meaning that every single prosecution strike was of a minority. Third, the Superior Court found that the prosecution’s reasons for striking the jurors were not plausible. For example, the prosecutor stated that the Commonwealth struck jurors because they were joking with each other or because of they way they were sitting. Although those reasons would be facially race-neutral for purposes of the second part of the test, the Superior Court found that the reasons simply were not persuasive given the improper juror list and statistics involved.

Ultimately, during jury selection, the parties considered 30 potential jurors. Of those 30, 13 were African-American. The Commonwealth used seven of its eight strikes on African-Americans, and it used the eighth strike on a member of a different minority group. The Commonwealth did not strike a single white juror. Although statistics alone cannot prove a discriminatory intent on the part of the prosecutor, the Court was appalled by the fact that the prosecution used all eight strikes on minorities and then attempted to explain its decision to do so by stating that it did not like the way one of the potential African American jurors was leaning while sitting. This was particularly true in light of the fact that the trial court had actually instructed the jurors at the beginning of jury selection to sit back and relax because the process would take some time. Thus, the Court found that the Commonwealth’s reason was implausible. The Court reversed the defendant’s conviction and remanded the case for a new trial.

Pennsylvania and United States law prohibit the Government from excluding jurors based on race. In most cases, this rule is difficult to enforce because prosecutors will be able to protect themselves by striking some white jurors. It is also typically easy to come up with reasons for striking the jurors which are unrelated to race. However, where the Commonwealth seems to be engaging in a pattern of racial discrimination during jury selection, it is important to raise a Batson challenge in order to either have the jurors seated or preserve the issue for appeal. It is also important to remember that Pennsylvania law requires the party making a Batson challenge to include on the record the race of the stricken prospective jurors, the race of prospective jurors who were acceptable to the striking party but stricken by the party making the challenge, and the racial composition of the jury seated for trial.

Facing Criminal Charges? We Can Help

Our Philadelphia Criminal Defense Lawyers represent individuals and organizations who are charged with crimes or under investigation in all types of state and federal criminal matters at the trial level. If you are facing charges, call or text 267-225-2545 for a free criminal defense strategy session. Our attorneys are licensed in Pennsylvania and New Jersey and routinely appear in the Philadelphia courts as well as in the surrounding counties of Delaware, Bucks, Montgomery, and Chester. We handle preliminary hearings, grand jury investigations, pre-trial motions such as motions to suppress, motions to quash, motions to dismiss, and speedy trial motions, as well as bench and jury trials. We have had success both in obtaining dismissals before trial and acquittals at trial in front of judges and juries. If you are facing criminal charges, we can help.

Zak Goldstein 12/21/17 Zak Goldstein 12/21/17

PA Supreme Court Reverses Murder Convictions Where Prosecution Hid Key Impeachment Evidence

Zak T. Goldstein, Esq. - Philadelphia Criminal Defense Attorney

The Pennsylvania Supreme Court has just announced its decision in Commonwealth v. Johnson, affirming the lower court’s finding that the prosecution committed Brady violations when it withheld several police reports that would have established that its star witness repeatedly engaged in criminal activity and acted on behalf of the police as an informant. This withholding of crucial impeachment evidence by the police and district attorneys in the case violated the defendant’s fundamental right to a fair trial and led to a reversal of his convictions for homicide.

Commonwealth v. Johnson

In Johnson, the defendant was convicted of two counts of first-degree murder and sentenced to death. The Commonwealth alleged that on December 7, 1996, two cousins robbed a woman because they were looking for drugs and money. They did not find either drugs or money, but they did steal a camcorder and a Sony PlayStation. This woman then told her boyfriend that she had been robbed. The woman told her boyfriend that the robbers were wearing green hoodies during the robbery. The boyfriend knew the cousins and recalled that they were wearing green hoodies earlier on the day of the robbery. The boyfriend spoke with Mr. Johnson, the defendant, and another co-defendant. They also went to a local K-Mart and purchased shotgun shells.

The next day, the boyfriend made contact with the cousins. He lured the cousins into a car under the ruse that they would oversee his drug-dealing business while he was out of town. Later that evening, the cousins were found dead on a gravel driveway. During the incident, the defendant was shot in the torso, and he later went to the hospital.

While at the hospital, the defendant gave a statement to the police. The defendant’s version of events was that his role was limited to driving the minivan. The defendant further stated that when the boyfriend was “showing” where the drugs were stashed, the cousins became suspicious and refused to follow him. Subsequently, the boyfriend began shooting and not only shot the cousins, but also shot the defendant. The defendant then went to a restaurant to get help, and that is where he encountered the police. The defendant did not say that he shot or possessed a gun in his statement, and he presumably denied that he knew that the boyfriend planned to shoot or kill the cousins. This statement was introduced against the defendant at his trial. Without additional evidence, however, the statement may not have been enough to convict the defendant of homicide.

At trial, the Commonwealth alleged that the defendant was actually one of the individuals who shot the cousins. Specifically, they alleged that one of the bullets found in one of the victims came from a .38 caliber handgun. The Commonwealth then called a cooperating witness, Mr. Robles, who testified that the defendant owned a .38 caliber handgun and that the defendant confessed to him to taking the gun from the murder scene, wiping it off with his shirt, and then throwing it on the side of the road about a quarter mile from the scene of the crime. Robles’s testimony was crucial because it linked the murder weapon to the defendant

On cross-examination, defense counsel tried to attack Robles’s credibility by suggesting that he was engaged in criminal activities and was an informant for the Reading Police Department. The Assistant District Attorney objected to this line of questioning, but the court allowed defense counsel to inquire into areas of possible bias. Unfortunately, this cross-examination was limited because, as discussed later, the Commonwealth did not provide the defense attorney with existing police reports linking Robles to drug trafficking and other crimes. After both sides rested, the jury found the defendant guilty of first-degree murder and sentenced him to death.

The Defendant's Appeals and PCRAs

What followed after the trial was a very long and complicated factual and procedural history that spanned for almost two decades. Initially, after the sentencing, the defendant’s attorney obtained a letter that Robles sent to the Reading Police while he was incarcerated as a material witness. In that letter, Robles stated that he would “do anything” to get out of jail. The defendant filed an appeal, arguing that the failure to disclose this letter was a violation of Brady v. Maryland. However, the Pennsylvania Supreme Court rejected the argument because the Commonwealth gave the defense lawyer a police report that referenced this letter prior to trial, so the defense already knew about the letter at the time of the trial and was able to cross-examine Robles on the general subject of the letter. Thus, the defendant’s first Post-Conviction Relief Act Petition was denied.

Eventually, the defendant's luck began to change. In a different homicide case in which he was also convicted based on Robles’ testimony, the defendant filed a federal habeas petition. In that case, Robles was again a key witness against the defendant. Again, Robles testified that Johnson had confessed to him. In the federal habeas litigation, the United States District Court for the Eastern District of Pennsylvania ordered the Commonwealth to disclose to the defense team any evidence of a relationship between Robles and the Reading Police Department and/or the Berks County District Attorney’s Office.

In response to this order, the Commonwealth produced five police reports that could have been used to impeach Robles at both trials because they showed that Robles had repeatedly been investigated for serious criminal activity and not arrested or prosecuted. Specifically, these police reports included accusations that Robles robbed individuals, and in exchange for providing testimony about an unsolved murder, he would not be prosecuted. The reports also suggested that Robles engaged in drug trafficking, lied to police about his own crimes, and possessed and fired guns. Despite repeatedly being investigated for these crimes, Robles was never charged criminally.

After obtaining these police reports, the defendant amended his second PCRA petition to allege that the Commonwealth violated Brady by withholding these police reports. The PCRA court found that these documents were relevant and that there was a reasonable probability that the jury’s verdict would have been different had these reports been disclosed to the defense. The Commonwealth then filed this appeal to the Pennsylvania Supreme Court.

What is Brady Material?

In Brady v. Maryland, the United States Supreme Court held that prosecutors must hand over all material that may potentially exonerate a defendant. Where the prosecution fails to do so, the defendant could be entitled to a new trial. Brady violations are typically challenged either on appeal or in Post-Conviction Relief Act proceedings.

In order to establish a Brady violation, a defendant must prove three elements: 1) the evidence was suppressed by the state either willfully or inadvertently; 2) the evidence was favorable to the defendant, either because it was exculpatory or because it could have been used for impeachment; and 3) the evidence was material in that its omission resulted in prejudice to the defendant. The ultimate issue for a Brady claim is whether there is a reasonable probability that the outcome at trial or sentencing would have been different if the Government had turned over the Brady material. A reasonable probability does not mean that it would be more likely than not that a different verdict would be reached, but only that the likelihood of a different result is great enough to undermine confidence in the outcome of the trial.

Police Reports Which Could Be Used To Impeach A Key Witness Are Brady Material

The Pennsylvania Supreme Court, unsurprisingly, found that the withheld police reports were Brady material. In its opinion, the Court found that the police reports “are textbook impeachment evidence” and that “[t]hey suggest that Robles sought to curry favor with the police in the face of ongoing criminal investigations and mounting evidence of his own criminal conduct.” Further, the reports showed that Robles had a financial interest in testifying against Johnson because he himself was involved in drug trafficking and would have gained from eliminating a competitor.

The Court further emphasized how crucial Robles was to the case against the defendant. Robles’s testimony was what connected Mr. Johnson to the murder weapon. Without Robles’s testimony, the Commonwealth may not have been able to prove the necessary intent for a first-degree murder conviction. As such, this material could have been very damaging to the Commonwealth’s case in that it may have convinced a jury that Robles was lying to benefit himself, and thus the Pennsylvania Supreme Court affirmed the PCRA court and granted Mr. Johnson a new trial.

PCRA Petitions

Pennsylvania’s Post-Conviction Relief Act provides a number of different ways to challenge a wrongful conviction. If you were previously convicted and believe that this occurred either through wrongdoing by the government or that your trial attorney was ineffective, you need an attorney who has the keen attention to details that will make or break your case. Our award-winning Philadelphia criminal defense lawyers have successfully litigated countless PCRA petitions. We offer a 15-minute criminal defense strategy session to any potential client. Call 267-225-2545 to discuss your case with an experienced and understanding criminal defense attorney today.

Zak Goldstein 12/16/17 Zak Goldstein 12/16/17

Speedy Trial Motion Granted in Prescription Fraud Case, Not Guilty Verdict in Domestic Assault Case, and Other Recent Case Results

Our Philadelphia criminal defense attorneys have continued to obtain successful results in the courtroom. In the last two months, our defense attorneys have obtained acquittals and dismissals at trial and in preliminary hearings in criminal cases and successfully defended Protection from Abuse (PFA) Petitions. Some of our notable recent results include:

Commonwealth v. T.T. – Speedy Trial Motion Granted in Prescription Fraud Case Due to Delay in Arresting Defendant.

The client was arrested and charged with Forgery, Identity Theft, Possession With the Intent to Deliver, and related charges for allegedly forging Oxycodone and Percocet prescriptions and attempting to have them filled at local pharmacies. The magistrate judge initially set bail at $100,000, and the client’s family immediately hired Goldstein Mehta LLC. Attorney Goldstein moved for a bail reduction at the first listing of the preliminary hearing, and the Municipal Court judge promptly reduced bail to $25,000. Attorney Goldstein then renewed the bail motion in the Court of Common Pleas, and the Court of Common Pleas reduced bail even further, allowing the client to be released for a bail payment of $670.

Attorney Goldstein then defended the client at the preliminary hearing. At the preliminary hearing, an Agent for the Pennsylvania Attorney General’s Office testified that she had obtained records indicating that the defendant had attempted to fill forged prescriptions in various names on multiple occasions. However, the Agent had not actually viewed the defendant filling any prescriptions herself. Accordingly, the Municipal Court Judge held the case under advisement to determine whether the agent had sufficient personal knowledge of the allegations or whether the case should be dismissed because the Commonwealth’s entire case at the preliminary hearing was hearsay.

In addition to moving to dismiss the case due to the excessive hearsay, Attorney Goldstein also moved to dismiss the case for a violation of the client’s right to a speedy trial under Rule 600. Rule 600 requires that the Commonwealth bring a defendant to trial within 365 days from the filing of the criminal complaint. However, Rule 600 has a number of exceptions and is often not strictly enforced in cases where the Commonwealth can show that it was not the prosecution’s fault that trial was delayed. Here, the Agents conducted their investigation and filed the criminal complaint in 2014. When they first filed the complaint, they attempted to arrest the defendant, but he was not home. The police then failed to exercise due diligence in trying to find the defendant and bring him to trial, and he was not actually arrested until 2017. Accordingly, Attorney Goldstein moved to dismiss the case due to this pre-arrest delay. When police fail to arrest a defendant within 365 days from the filing of the Complaint, Rule 600 and the case of Commonwealth v. Webb require that the case be dismissed unless the Commonwealth can show that the police executed due diligence in trying to find the defendant and execute the arrest warrant. Here, there was no evidence that the police had diligently attempted to serve the warrant. Therefore, the Municipal Court judge dismissed the case with prejudice at the preliminary hearing for the speedy trial violation, meaning the Commonwealth cannot re-file the charges.

Commonwealth v. A.W. - Motion for Reconsideration of Probation Violation Sentence Granted

The client was found in technical violation of probation for theft and drug possession while represented by a different attorney. The probation judge sentenced A.W. to 11.5 - 23 months in custody. A.W. retained Goldstein Mehta LLC, and our attorneys immediately filed a motion to reconsider the sentence within ten days as required by the Pennsylvania Rules of Criminal Procedure. The client's back judge scheduled a hearing on the Motion to Reconsider, and prior to the hearing, we were able to work with the client's family to locate a drug treatment faciity which she could attend if released. Once our attorneys presented the probation judge with the treatment option, the judge reconsidered the sentence and granted immediate parole to treatment. Our defense attorneys were able to help the client avoid a lengthy jail sentence.

PFA Litigation – Protection from Abuse Petition Dismissed for Lack of Jurisdiction

Attorney Goldstein successfully moved to have a protection from abuse Petition dismissed at trial for lack of jurisdiction. The plaintiff alleged that she had had a sexual relationship with the defendant and that the defendant subsequently threatened her at a party. The PFA Act allows a plaintiff who claims that they were the victim of abuse to obtain an emergency ex parte protection from abuse order which prohibits the defendant from having any contact with the plaintiff. This order can be extremely problematic for a defendant as it can damage the defendant’s reputation, require the defendant to relinquish legally owned firearms, and can even require the defendant to be evicted from a shared residence. Although the initial order may be granted on an emergency basis without a hearing, the defendant has the right to a trial on whether the allegations are true and a final order is necessary. At the trial, the plaintiff must show that the PFA Court has jurisdiction, that abuse occurred, and that a restraining order is necessary to prevent abuse from occurring.

Here, Attorney Goldstein was able to have the Petition dismissed for lack of jurisdiction. Although the initial Petition alleged that the defendant and plaintiff had a consensual relationship, the defendant testified on cross-examination that the relationship had not been consensual. Knowing that the Superior Court has repeatedly held that PFA jurisdiction only exists in cases involving domestic partners, meaning household members, family members, and people in consensual, dating relationships, Attorney Goldstein immediately moved for dismissal of the Petition for lack of jurisdiction. The Family Court judge agreed and dismissed the Petition, thereby vacating the restraining order.

Commonwealth v. R.B. – Client was charged with various gun charges, including Violation of the Uniform Firearms Act Sec. 6106, 6108, and 6105. Our criminal defense lawyers successfully moved for the case to be dismissed after the Commonwealth was repeatedly not ready to proceed for the preliminary hearing.

Commonwealth v. R.T. – Unsworn Falsification Case Dismissed at Municipal Court Trial

The client was charged with Unsworn Falsification to Authorities for allegedly lying to police about being robbed in order to cover up a drug deal gone wrong. The police alleged that the defendant had not been robbed and had instead made up a story about being robbed at gunpoint in order to try to get money back which was stolen in a drug deal. The client retained Attorney Goldstein, who promptly requested all of the discovery in the case, including documents from Cherry Hill. The Commonwealth never successfully obtained the police reports from the other jurisdiction for two trial listings, so Attorney Goldstein moved to dismiss the charges. The Philadelphia Municipal Court judge dismissed the case for lack of prosecution.

Commonwealth v. Z.B. – Detainer Lifted and Client Sentenced to Time Served on Section 17 Detainer.

The client had previously pleaded no contest as part of a Section 17 pre-trial diversionary program to knowing and intentional possession of a controlled substance in Montgomery County. After getting arrested again for the same charge in a different jurisdiction, the probation officer took the client into custody and lodged a probation detainer. The client retained Goldstein Mehta LLC, and our defense attorneys immediately filed a Motion to Lift the Detainer, arguing that Section 17 probation does not give the sentencing judge the authority to lodge a probation detainer. Instead, the judge must schedule a hearing and either continue the probation or impose a judgment of sentence. In this case, the judge had not scheduled the probation violation hearing for months. After receiving the motion and recognizing that the law was unsettled as to whether Section 17 probation gives the authority to lodge a probation detainer, the judge moved the probation violation hearing up by two months. The client then stipulated to the probation violation in exchange for a sentence of roughly time served and was released shortly thereafter. By filing a creative motion on the client’s behalf, our defense lawyers were able to save the client months in jail.

Commonwealth v. J.B. – Probation Detainer Lifted, Full Acquittal Obtained in Domestic Assault Case

The client was charged with Simple Assault, Terroristic Threats, Recklessly Endangering Another Person, and other related charges in the Philadelphia Municipal Court for allegedly assaulting his girlfriend. The client was on probation for similar charges, so the probation officer took the client into custody and lodged a probation detainer. If the client had done nothing, he would have had to stay in jail until the new case was resolved. Fortunately, the client retained Goldstein Mehta LLC, and our defense lawyers promptly filed a Motion to Lift the Probation Detainer with the client’s back judge. By putting together a thorough mitigation packet showing the defendant’s exemplary work record, successful compliance with probation other than the new charges, and extensive family and community support, our lawyers were able to have the client’s probation detainer lifted so that he could fight the case from out of jail.

We were then able to obtain a full acquittal for the client at trial. By cross-examining the complaining witness on the inconsistencies between her testimony at trial and the statement she had given to police and showing that she had a motive to fabricate the allegations, our attorneys were able to convince the Municipal Court judge that the complainant should not be believed. This was particularly true in light of the complainant’s lack of visible injuries and the fantastical nature of her allegations. Accordingly, our defense attorneys successfully had the client’s probation detainer lifted and obtained a full acquittal at trial.

Commonwealth v. V.F. – Possession with the Intent to Deliver Charges Dismissed at Preliminary Hearing

V.F. was charged with Possession with the Intent to Deliver and Possession of a Small Amount of Marijuana. Philadelphia narcotics officers alleged that they observed the client receive money from another person in exchange for small objects, which is the typical testimony that officers provide to describe what they believe to be a drug transaction. When officers stopped the man who handed the money to the defendant, the man had marijuana in his possession. Officers then arrested the defendant and found money, but they did not find any matching marijuana. Attorney Goldstein argued that the felony PWID charge should be dismissed because there was insufficient evidence to show that the defendant had sold the marijuana. Instead, police simply could not say what the defendant had allegedly given to the man who had marijuana on him. Accordingly, the preliminary hearing judge dismissed the felony charge and remanded the case for a trial on the misdemeanor marijuana charge.

Commonwealth v. T.C. – PWID Charges Withdrawn at Trial after Seizure Analysis Showed Marijuana Fake.

AWARD-WINNING PHILADELPHIA CRIMINAL DEFENSE LAWYERS

If you are facing criminal charges, we can help. Our Philadelphia criminal defense lawyers have successfully defended thousands of clients at the trial level on appeal. We offer a complimentary 15-minute criminal defense strategy session to anyone who is under investigation or facing criminal charges. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

Zak Goldstein 12/10/17 Zak Goldstein 12/10/17

PA Superior Court Reverses Murder Conviction in Roosevelt Boulevard Drag Racing Case

The Pennsylvania Superior Court has just decided the case of Commonwealth v. Akhmedov, finding that the Commonwealth failed to prove the charge of third degree murder where the defendant crashed into and killed pedestrians during a drag racing incident on Philadelphia’s Roosevelt Boulevard. The Court’s opinion details the type of evidence necessary for the prosecution to prove a third degree murder charge in a case involving reckless driving, drag racing, or a car accident.

Commonwealth v. Ahkmedov

In Ahkmedov, the defendant was charged with multiple counts of third degree murder, involuntary manslaughter, homicide by vehicle, and recklessly endangering another person. The charges arose out of an incident which occurred on Roosevelt Boulevard. The defendant was driving southbound on the Boulevard, which has a speed limit of 40 miles per hour. At some point, the defendant began racing another driver. At each traffic light, the cars would rev their engines and race to the next light.

Police estimated that the cars traveled at around 70 miles per hour during the race. As the vehicles approached the intersection of the Boulevard and 2nd Street, the defendant began to travel at a minimum speed of 79 miles per hour. Although 79 miles per hour was nearly double the speed limit on that portion of the Boulevard, the evidence also showed that the intersection was not meant for pedestrian crossings. It did not have a crosswalk or signs warning drivers that pedestrians might be present. Unfortunately, Samara Banks and her three children were crossing the Boulevard as the defendant approached. The defendant attempted to swerve around them but was unable to do so. Instead, he struck Ms. Banks and her children, ultimately killing all four of them. The defendant remained at the scene and tried to render aid.

Murder Charges for Drag Racing

Police arrested the defendant and charged him with homicide and the related charges. The defendant proceeded by way of bench trial, and the trial judge convicted the defendant of third degree murder, involuntary manslaughter, homicide by vehicle, and recklessly endangering another person. On appeal, the defendant challenged a number of evidentiary issues as well as whether the evidence was sufficient for a conviction on the third degree murder charges. Specifically, the defendant argued that the evidence failed to show that he acted with the necessary malice required to sustain a conviction for third degree murder because he did not operate his vehicle under circumstances which almost assured that injury or death would ensue.

The Defendant's Appeal

The Superior Court agreed and reversed the conviction for third degree murder. The Court noted that third degree murder occurs when a person commits a killing which is neither intentional nor committed during the perpetration of a felony, but contains the requisite malice. The definition of malice is well established in Pennsylvania, and courts have defined malice as follows:

Malice exists where there is a wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty, although a particular person may not be intended to be injured. Where malice is based on a reckless disregard of consequences, it is not sufficient to show mere recklessness; rather, it must be shown the defendant consciously disregarded an unjustified and extremely high risk that his actions might cause death or serious bodily injury. A defendant must display a conscious disregard for almost certain death or injury such that it is tantamount to an actual desire to injure or kill; at the very least, the conduct must be such that one could reasonably anticipate death or serious bodily injury would likely and logically result.

Obviously, there was no real dispute as to whether or not the defendant acted recklessly. Driving twice the speed limit through an intersection as part of a drag race was clearly reckless. However, in order for recklessness to qualify as malice, Pennsylvania courts have required the prosecution to prove “sustained, purposeful recklessness” such that the defendant must have known of and consciously disregarded the risk that death or serious bodily injury was reasonably certain to occur.

Generally, this level of sustained, purposeful recklessness requires factors like a “near miss,” a warning from a bystander or passenger to slow down and a decision to ignore the warning, and evidence that the defendant clearly saw and recognized the dangers. Finally, in almost every case in which the defendant was properly convicted of third degree murder as a result of a car accident, the prosecution was able to show that the defendant was intoxicated.

Insufficient Evidence of Malice

In this case, the Court found that the prosecution did not establish the requisite level of recklessness. The defendant was reckless in driving at excessive speeds, but he did not have a near miss, he was not warned to slow down, and he was not intoxicated. He attempted to avoid hitting the victims but was unable to do so. Further, the pedestrians were crossing the road at an intersection where they should not have been crossing, and they were wearing dark clothes at night. Finally, the defendant stopped and attempted to assist them after he struck them.

Although the defendant had been pulled over for speeding as part of a road rage incident a week before, the prior traffic stop was not close enough in time to satisfy the “near miss” requirement or show that the defendant was aware of the likelihood of injuring a pedestrian at that particular location where the accident occurred. The Court concluded that the defendant’s recklessness satisfied the mens rea elements for the lesser included charges like manslaughter and recklessly endangering another person, but it did not satisfy the heightened mens rea requirement for murder.

Because the third degree murder charge was the most serious charge, the court remanded the case for a new sentencing hearing on the remaining charges. The court did not find that the Commonwealth failed to prove all of the charges; just that they failed to prove the third degree murder beyond a reasonable doubt. Thus, it is clear that murder requires something more than recklessness. Instead, it requires the prosecution to prove malice.

Philadelphia Criminal Defense Lawyers for Homicide Charges

Our Philadelphia Criminal Defense Lawyers have the expertise necessary to challenge the government each step of the way. We have experience working with expert witnesses, challenging identifications, fighting forensic evidence, and thoroughly investigating cases in order to find exculpatory evidence that the police might have missed. We know the defenses, and we know how to challenge each part of the Commonwealth’s case at the preliminary hearing, through pre-trial motions, and at trial with a judge or a jury. We also have extensive experience in negotiating for better outcomes for our clients, and we have obtained great results even in cases in which the Commonwealth has a great deal of evidence. If you or a loved one are under investigation or facing homicide charges, you need an experienced criminal defense attorney in your corner. Call 267-225-2545 for a free strategy session with one of our top-rated defense lawyers today.