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Appellant next asserts the decision by defense counsel not to present any evidence or permit appellant to testify on his own behalf constituted ineffectiveness. tel: 2155520070. In that event, the determination of waiver or the decision on the merits would be subject to review on the direct appeal. This however was not done. Chief Justice Bell, Mr. Justice Eagen, and this writer would have reversed the judgment against appellant, and ordered his discharge, because there was insufficient evidence to support the conviction. I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". Momentarily, the shots were heard and Carchidi told McGrath to ". He was a tough guy and a big drinker, said former Philadelphia mobster Nicholas Nicky Crow Caramandi. Sullivan then left the room through the same door which Gorey had exited but Carchidi remained and seated himself behind the desk. Mr. Justice Manderino in his Concurring and Dissenting opinion correctly labels the slides as a "horror show" including "full color slide photographs of blood smeared bodies, with bullet riddled faces, lying in literal pools of blood.". [2] The police department laboratory technicians were unable to uncover any of the scientific evidence that is often used to prove circumstantially that the accused committed the crime. They would take care of their own problem.. The same is true of their ostensible evidentiary value to show that the perpetrator possessed the intent to kill necessary to convict of murder in the first degree. [1] The six justices of this Court who heard appellant's first appeal were evenly divided on the issue of the sufficiency of the evidence to support conviction. and injuries which resulted in her death", we distinguished Commonwealth *196 v. Collins, 440 Pa. 368, 269 A.2d 882 (1970), stating that Collins, The prosecution in Scaramuzzino, on the other hand, had made no effort to limit the slides to those reasonably necessary to aid the pathologist's testimony, or to those in which excess blood had been removed. A somewhat more detailed recital of the relevant history of the case is necessary to an understanding of the jurisprudential issue. [1], Sullivan's jury trial began on June 7, 1967. Sheeran was charged in the DeGeorge hit but beat that rap on a technicality. The majority asserts that this photographic evidence was admissible to prove that the two victims were killed with an intent to kill. Upon review of the record from the PCHA proceedings, we find appellant has failed to prove the requisite elements of his claim. [5], *181 Having failed in two attempts in this Court for relief based on the fact that the Court had been evenly divided in its decision and the charge that no briefs or argument had been made in this Court, appellant then filed a petition with the court of common pleas seeking relief under the Post Conviction Hearing Act. 334, 5, provided that after a jury found a defendant guilty of murder in the first degree, it must determine whether life imprisonment or the death penalty should be imposed. As stated in Commonwealth ex rel. Consequently, this Court will not disturb its findings if they are supported in the PCHA record. A few minutes later Sullivan entered the conference room using the same door through which *170 Gorey had exited. Your Rights & FAQ; Union Decertification; Media & Ads. Mr. Peruto, who served as co-counsel during trial and sole counsel before this Court, also had no recollection of a brief being filed. McGrath stated on cross-examination that he was unable to see whether after Sullivan left the office he proceeded down the hall toward Gorey's office or had gone in a different direction. . We disagree. Such conduct is highly consistent with an attempt to avoid the possibility of any witnesses to the anticipated event. Therefore, where an appellant is denied the effective assistance of counsel on appeal, the proper remedy is to afford appellant a new appeal in which he may reassert the issues adversely affected by his initial counsel's ineffective stewardship of his appeal. In support of this position appellant has offered an affidavit supplied by Mr. Walsh prior to his death. 454a]. Of course, circumstantial evidence in itself may be sufficient to establish both the commission of a crime and the accused's participation if the inferences arising from the evidence establish these facts beyond a reasonable doubt. Caramandi, one of the first Philadelphia mobsters to turn government witness back in the 1980s, said he has no first-hand knowledge of the Hoffa hit, but said everyone in the underworld knew it came from those guys in North JerseyProvenzano and his people. He doubts very much that Sheeran was the shooter. Despite the information elicited from this witness, defense counsel never attempted to subpoena McGill as a *165 witness nor did they request any notes that might have been taken by McGill of his conversation with McGrath. Subscribers may view the full text of this article in its original form through TimesMachine. See Commonwealth v. Hauser, 450 Pa. 388, 299 A.2d 218 (1973); Commonwealth v. Tabb, 433 Pa. 204, 249 A.2d 546 (1968); Commonwealth v. Minnick, supra. The 279-page book was considered the bible for reporters tracking the mob back in those days. [14] This Court having denied *185 relief, the court of common pleas should not have undertaken to hear the case at all insofar as the competence of appellate counsel was concerned. The basis of the Collemacine doctrine was to prevent the presentments from being made to a panel at an indefinite time in the future, without knowledge to the accused, thereby precluding the opportunity for the defense to challenge the array of the jury. [16] Because, however, the Court considers the matter anew and now reverses itself *186 by affirming the post-conviction hearing court's order, I address the question briefly on the merits. Commonwealth v. Rightnour, 469 Pa. 107, 364 A.2d 927 (1976). After Carchidi again mentioned McGrath's cleaning, McGrath heard what sounded to him like a package of firecrackers going off sequentially. [20] But to say as much is not to suggest that absence of oral argument is apt to make a difference in the outcome of a case especially a case that, due to a heavy backlog of cases awaiting disposition, cannot be decided for some time to come. The victims' bodies were discovered the following morning. 1975). Murder probe leads to discovery of 'off grid' camp in Talladega forest, child with gun. [1] The court en banc consisted of Judge Barbieri, the trial judge, Judge Greenberg and Judge Bradley of the Court of Common Pleas of Philadelphia County. At trial, the ballistics expert testified that he had test fired certain guns during his investigation and found that these weapons were not used to commit the crimes herein involved. [18] The brief was prepared by Judge DiBona as a rough draft before he went on the bench and sent by him to his former co-counsel, Mr. Peruto, thereafter. His co-defendant was Bert Brennan, his business partner in the scams that sent him to prison. The Commonwealth asserts that a brief, in fact, had been filed and that the decision to submit the case on briefs was reasonably made in Sullivan's best interests. This is, of course, a gross exaggeration. But both beat their cases. [3] In Commonwealth v. Dawson, the deceased had been bludgeoned and shot to death. Nor do I agree that the "institutional capability" (opinion of the Court, ante, pp. The report also cites Bufalinos role in the formation of the Pittston chapter (Chapter 34) of the Italian American Civil Rights League (IACRL) in 1971. [4] Applying this test, it is clear that the gruesome nature of these photographs created a "substantial likelihood of inflaming the minds and passions of the jurors." I would reverse the convictions and order appellant discharged. Commonwealth v. Webster, 466 Pa. 314, 318-319, 353 A.2d 372, 374 (1975) (and cases cited therein). Our reading of this affidavit indicates that Mr. Walsh continued his representation of appellant until new counsel was appointed or retained. Furthermore, both the petitioner and the Commonwealth may wish to call additional witnesses and present other evidence relevant to the petitioner's claim. And when it came to a hit of the magnitude of the Jimmy Hoffa murder Sheeran was still, in mob parlance, an outsider. Brennan's son Larry currently heads Michigan Joint Council 43. In this photograph, the victim's upper lip is drawn slightly upward, revealing her teeth in a grotesque "snarl.". It is next argued that the trial court improperly admitted hearsay statements into evidence. The fact that a guy like Sheeran was chosen to head one of the new locals put the lie to the reform effort. In our view, the statement was properly admitted under the co-conspirator's declaration exception to the hearsay rule. 612a]. Local Website. They have been on strike since April 16, demanding better pay and . Allen to murder former Local 107 member Robert (Big Bobby) Marino on Feb. 3.1976. The point is, he was involved with the mob in a significant way. This group includes overall views of the room, scenes showing the relative locations of the desk, various chairs and other office equipment, and the bodies. These variations were strenuously argued to the jury as an attack upon the witness' credibility. The last group of photographs of the victim, Janda, consists of seven close-up photographs of various parts of her anatomy. Commonwealth v. Powell, 428 Pa. 275, 278-79, 241 A.2d 119, 121 (1968). Then he fell halfway under the desk. We believe that a proper interpretation of this language taken in context indicates that further hearings were for the investigation of the possible complicity of others but that a determination had been made to hold John Sullivan for action of court. The salutary procedures of post-conviction relief have been misapplied so as to wipe out, by the well-meaning but misguided order of a common pleas judge, a decision of and opinions previously filed by this Court. In *161 passing upon the claim of ineffective assistance, the single question is whether counsel's choice of strategy had some reasonable basis designed to effectuate his client's interests. This however is not a basis for excluding the evidence. Commonwealth v. McFadden, 448 Pa. 277, 281, 292 A.2d 324, 326 (1972); see e.g., Commonwealth v. Murray, 460 Pa. 605, 608, 334 A.2d 255, 257 (1975). Sheeran and Brandt (half the book is taken verbatim from the Sheeran tapes, the rest . Hoffa created a local union for Sheeran: Delaware Local 326 was carved out of Philadelphia Local 107, with Sheeran installed as president. The witness then took the refuse outside the building. As previously noted, *166 the test for determining effectiveness of counsel is based upon the reasonableness of his representation at time of trial. The evidence further justifies an inference that Sullivan attempted to conceal his identity and presence by answering the telephone as "Gorey." This was the world in which Sheeran operated. *150 This standard is equally applicable to cases where the evidence is circumstantial rather than direct so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt. Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ. On June 17, 1966, he arrived at work approximately 6:00 P.M. and parked his automobile in the lot adjacent to the building. Peter F. Vaira, the United States Attorney here, said that the two were indicted yesterday by a Federal grand jury after an 11month, multistate investigation by the F.B.I., the Federal Bureau of Alcohol, Tobacco and Firearms, and the Federal Drug Enforcement Administration. [4] The title of the petition was technically in error, since, as will be discussed infra, the case had originally been submitted to the Court on briefs, unaccompanied by oral argument. Only Gorey's car remained in the lot. After alighting from his car, McGrath noticed appellant looking out onto the parking lot from the window of a second floor office normally used by other union officials. Charles Hogan, a hood whose duties as a drug hauler earns him the title of "mule." Thomas Barker, a former member of Wilmington Teamsters Local 326, indicted but not convicted in the 1973 murder of Fred Gawronski at a New Castle, Del., tavern. New Century Transportation . Anyone can read what you share. MANDERINO, J., files a concurring and dissenting opinion, in which ROBERTS, J., joins. See also Commonwealth v. Beecham, 450 Pa. 197, 299 A.2d 651 (1973). *173 Furthermore, many of the inferences the Commonwealth urges that the jury could have drawn are either based on no evidence at all, or are so conjectural that they cannot support a conviction. See also, Commonwealth v. Robinson, 433 Pa. 88, 249 A.2d 536 (1969); Commonwealth v. Boden, 399 Pa. 298, 307-308, 159 A.2d 894, 899 (1960). Those are the first words Jimmy Hoffa ever spoke to Frank Sheeran, who would become a top Teamster official in the 1960s and '70s as well as a hired killer for Hoffa and the mob. Moreover, there is no indication that an experienced counsel of the calibre of Mr. *156 Walsh was not aware that the matter had been handed over to jury then impanelled. POMEROY, Justice, concurring and dissenting. In order to obtain a new appeal, the defendant must be able to establish to the satisfaction of the PCHA court that his counsel was in fact ineffective. ", Thus, on this record the color slides had no evidentiary value. Under such circumstances there is no conceivable basis for concluding the decision was made to effectuate the interests of the client. Thus counsel cannot be found to be ineffective for failing to preserve an objection which had no probability of success. It depicts the victim lying on her left side on the floor (the desk under which she was found having apparently been removed for purposes of the photograph) in a pool of blood extending from near the top of her head down to her waist. 127 and appellees at Nos. What he didnt do, according to most reliable sources, is put two bullets in the back of Jimmy Hoffas head. (Maj. opinion at pages 481, 482). Item Description. Teamsters interested in how the Teamsters Union became corrupted should read it. An analysis of the facts supports the jury's findings. 2d 811 (1963). That "puffing" scared top mobsters; it made them think he would make a deal with the Justice Department. retain the opportunity of obtaining a whole new direct appeal via the Post Conviction Hearing Act." Restated, the facts and circumstances need not be absolutely incompatible with defendant's innocence, but the question of any doubt is for the jury unless the evidence "be so weak and inconclusive that as a matter of law no probability of fact can be drawn from the combined circumstances". The other new tidbit is a Detroit home address where Sheeran says the Teamster president was killed. Local 107 (Philadelphia, Pa.) "Detectives seek clues on a roof of a Teamsters' Union headquarters at Front and Spring Garden sts., where the bodies of Mrs. Rita Janda and John Gorey were found in second-floor office." (1975 Cum.Supp. It is true that the brief had no proper backer, one segment was triple-spaced and it lacked a statement of jurisdiction and of questions involved or a summary of argument. One of the situations frequently recurring in PCHA proceedings is the inability of the Commonwealth to prove that a defendant-petitioner has been advised of his right to file post-trial motions, Commonwealth v. Norman, 456 Pa. 252, 318 A.2d 351 (1974), of his right to appeal the judgments of sentence against him, Commonwealth v. Mumford, 430 Pa. 451, 243 A.2d 440 (1968), and of his right, if indigent, to the services of legal counsel on appeal without cost to himself, Commonwealth v. Sprangle, 442 Pa. 271, 275 A.2d 114 (1971); Douglas v. California, 372 U.S. 353, 83 S. Ct. 814, 9 L. Ed. In the instant case, Judge DiBona believed that there was insufficient evidence upon which to convict Sullivan. You kill somebody, you want to get as far away from the body as quickly as you can, he said. Mainly they kill mob insiders who they fear have information that may be used against them. Safe Jobs Now! I agree with the Court in its affirmance of denial of post-conviction relief. Proper inquiry of members of this Court at an early stage would have laid this question to rest, if indeed verification of the filing of a brief were needed in light of note 1 of the opinion in support of affirmance, 446 Pa. at 419, 286 A.2d 898. In the course of his chores, he entered the office in which Sullivan was seated. Moreover, it is not necessary that each piece of evidence be linked to the defendant beyond a reasonable doubt. The defense demurred to the Commonwealth's evidence and offered no evidence on its own. 127, I would reverse the order of the court of common pleas granting Sullivan leave, nunc pro tunc, to refile a direct appeal to this Court as of November Term, 1966. Carchidi also suggested that McGrath wait until Sunday to complete his chores. He was tapped to head Local 326 in Wilmington as part of an internal Teamsters International "reform" effort that split Local 107 into several locals. Moreover, the location of the bodies could be established by other testimony, including that of the photographer, and the physical scene of the crime could have been depicted by a picture of the room taken after the bodies had been removed. should not be resorted to where the witness can clearly convey the facts to the jury without their use." Commonwealth v. Slavik, 449 Pa. 424, 432, 297 A.2d 920, 924 (1972). Find Your Local Teamsters LU No 2. Its only effect would be to require an additional hearing before this Court before the evidentiary hearing necessary to resolve appellant's claim is held. The evidence presented at trial, viewed in the light most favorable to the Commonwealth, was as follows: The bodies of John Gorey and Rita Janda were discovered on June 18, 1966, in Gorey's office in the Headquarters of Teamsters Union Local 107. In this petition it was asserted again that "no brief was ever filed in support of appellant's appeal" and that no oral argument was made, prior counsel having made admissions to this effect. Nevertheless, the post-conviction hearing judge stated in his opinion that the charge to the jury "is also a matter for argument before the Supreme Court." Contracts - Manufacturing. Sullivan had remained at the window looking out onto the parking lot for more than 20 minutes after McGrath's arrival, indicating that he was awaiting the arrival of a particular individual. Philadelphia Teamsters Local 107 was considered one of the most corrupt and violent locals in the country. [3] This opinion, authored by the present writer, was joined by Mr. Justice (now Chief Justice) JONES and Mr. Justice O'BRIEN. [6] The original petition under the PCHA was filed October 30, 1973. 121 except that the first two points of the original brief have been dropped. There is no evidence that McGrath looked in every office in the building while he was cleaning, and it thus is entirely possible that there were others in the building when McGrath entered. [21] This Court has always permitted oral arguments to be waived in the first instance, see Pa.R.A.P. After his comments, the court repeatedly reminded the jurors that he was merely stating his opinion, the remarks were not binding upon them and that the ultimate determination of the facts and the verdict was solely that of the panel. v. In November of that year, on the basis of evidence presented at a Medical Examiner's inquest, John Sullivan, also an officer of the local, was charged with both murders. Moreover, flight from the scene of a crime is not enough to prove complicity. The ostensible purpose for their introduction was to support and clarify the pathologist's testimony as to the cause of death. At the time of Sullivan's trial, the law permitted the trial judge to express his opinion in the case.[12]. Appellant further contends that the slides were unnecessary because the defense was willing to stipulate to the evidence concerning the cause of death. Commonwealth v. Frazier, 455 Pa. 162, 314 A.2d 16 (1974); Commonwealth v. Murray, 452 Pa. 282, 305 A.2d 33 (1973); Cf. To recapitulate, at No. The Commonwealth introduced into evidence a piece of paper found in a waste paper basket upon which Glenn's name and phone number were written in Sullivan's handwriting. Sullivan requested that he be discharged, granted a new trial, or granted appropriate relief. Rather, no action was taken until two months after the indictments were returned when appellant's new counsel moved to quash the indictments that had been returned. Washington v. Maroney, supra, 427 Pa. at 604, 235 A.2d at 352. Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1974);[6]*143 Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1974); Commonwealth v. Murray, 445 Pa. 546, 284 A.2d 778 (1971). Dist. In the instant case we have almost three times as many photographs shown to the jury for almost twice as long a period of time, depicting the bodies of the victims, revealing in horrible detail how they were mutilated by the perpetrator of the homicide. We fail to see how this procedure will differ from that required by the statute. Every prior case of this Court granting a new trial because of the admission of inflammatory photographs is sub silentio overruled by the majority's holding that the photographs admitted in this case do not warrant reversal. As previously noted, Carchidi was present in the building during the time of the incident. Our review of the record convinces us that these arguments are without merit. Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. About 6:15 p.m., McGrath re-entered the office in which Sullivan was seated to empty some trash cans, and he and Sullivan observed Gorey and Janda arrive at the building. Then I went out the door and went home.. McGrath left the union hall and noticed four cars other than his own parked in the lot. The lower court permitted the evidence on several bases: 1) that it was admissible under the co-conspirator's declaration exception to the hearsay rule, 2) that it was admissible under the res gestae exception to the hearsay rule, and 3) that even if the statement was improperly admitted, it was not prejudicial to appellant. While adopting Sheerans questionable account, The Irishman also offers some snapshots of the Philadelphia underworld in the 1970s. The point is, he was involved with the mob in a significant way. Commonwealth v. Sullivan, 446 Pa. 419, 286 A.2d 898 (1971). 1975). International Brotherhood of Teamsters Local 107 (JDM Materials Company (Eureka Stone Quarry, Inc. d/b/a JDM Materials Company) E-File Follow Case Number: 04-CB-084647 Date Filed: 07/05/2012 Status: Closed Location: Chester, PA Region Assigned: Region 04, Philadelphia, Pennsylvania Docket Activity Items per page 1 2 Next Last To each petition the District Attorney of Philadelphia County filed a responsive answer denying the material allegations. Commonwealth v. Woods, 454 Pa. 250, 252, 311 A.2d 582, 583 (1973); Commonwealth v. Dickerson, 406 Pa. 102, 176 A.2d 421 (1962).

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