Commonwealth v. Patterson
Commonwealth v. Patterson
Opinion of the Court
On March 11, 1974, Roy Patterson, appellant, was convicted by a jury of rape, robbery and aggravated assault. Postverdict motions were filed. The court denied an arrest of judgment but granted a new trial. The Commonwealth appealed the order to the Superior Court, and that court,
Patterson’s convictions were based on events which occurred on February 7, 1974, at approximately 2:30 a. m. At that time, the victim, a young woman of slight build, left her apartment on South 47th Street in Philadelphia and began walking to a grocery store at 49th Street and Chester Avenue about two blocks away. When she reached 48th Street and Chester Avenue, she asked a man, standing on the corner,
At trial, the victim testified the man who raped her was wearing “rose colored, light tinted” sunglasses (“the type you can see through”), an “orange or red cap,” and “a tan or brown coat, light colored.” She. further testified that she had described the man to police as a black with medium skin, five foot nine inches tall, weighing one hundred and seventy five pounds, and “in his twenties.” She identified Patterson as the assailant.
During the trial, the Commonwealth called as a witness another woman who was also a victim of a rape. She testified, over objection, to the circumstances of that crime and identified Patterson as the rapist. This testimony was introduced for the purpose of identifying Patterson as the rapist in the case oh trial.
The post-verdict motion court concluded the trial court erred in allowing testimony of the second rape and granted a new trial. The majority of the Superior Court concluded the post-verdict motion court erred in granting a new trial and ruled the challenged testimony was admissible for the purpose of establishing the identity of the rapist in the case being tried.
In Commonwealth v. Fortune, 464 Pa. 367, 372-73, 346 A.2d 783, 786 (1975), we said:
“As a general rule, evidence of a distinct crime, except under special circumstances, cannot be introduced against*378 a defendant who is being tried for another crime because the fact of commission of one crime is not proof of the commission of another and the effect of such evidence is to create prejudice against the defendant in the jury’s mind. [Citations omitted.] But, as noted in Commonwealth v. Wable, supra, 382 Pa. [80], 84, 114 A.2d [334], 336, 337, ‘sometimes there exist . . . “special circumstances” which operate as exceptions to the general rule, and bring the case within the equally well established principle that evidence of other crimes is admissible when it tends to prove a common scheme, plan or design embracing the commission of two or more crimes so related to each other that proof of one tends to prove the others or establish the identity of the person charged with the commission of the crime on trial, — in other words where there is such a logical connection between the crimes that proof of one will naturally tend to show that the accused is the person who committed the other.’ ” [Emphasis in original deleted. Emphasis added.]
Furthermore, as Judge Hoffman pointed out while relying on McCormick on Evidence, § 190, at 448-451 (2nd Ed. 1972), supra n. 2, Commonwealth v. Fortune, supra, and Commonwealth v. Wable, supra, indicate that, where, as here, the evidence of another crime is offered “to establish identity” or “to show the accused is the person who committed” the crime charged, its admissibility is dependent on a logical connection, namely a showing that the evidence also falls within another exception to the general rule of inadmissibility, such as a common scheme, plan or design or a “nearly identical method”
The second victim, a middle-age woman, testified that, on February 12, 1974, she got off a trolley alone at 47th Street and Chester Avenue in Philadelphia at 2:30 a. m. on her way home to 4701 Chester Avenue; that, after she walked up the steps, put a key in the door, and opened it, she heard footsteps; that she turned around and saw a black man wearing dark sunglasses and approaching her; that, as the man neared, she tried to get the key out of the door and lock it; that the man said: “Don’t scream”; that she threw her pocketbook at him and said: “Here’s my money[,] I haven’t got much”; that he said: “I don’t want money, I want — ”;
The majority of the Superior Court relied on the following similarities to determine the logical connection was present:
“. . . the prosecutrix was accosted approximately the same time of night as the other rape victim, the two crimes were only five days apart and occurred in the same two-block area, and the attacker of both women wore sunglasses even though it was nighttime. The prosecutrix was taken into a garage in an alley; the other victim was being taken into an alley at gunpoint when she managed to talk her assailant into taking her indoors.”
In Commonwealth v. Fortune, supra, we pointed out certain dissimilarities in determining evidence of other crimes should not have been admitted. The dissimilarities there included: (1) the victim of the crime for which Fortune was on trial was “older and larger” than the victims, namely “little boys” and “little kids,” of the other crimes; (2) the weapons used in the crimes were not identical; and, (3) nothing distinctive in the crimes separated them from other street crimes.
Instantly, as in Commonwealth v. Fortune, supra, the dissimilarities included: (1) “the victims were of totally different ages and sexual attractiveness”;
Because of the dissimilarities, we are not persuaded a nearly identical method or a common scheme, plan, or design was established.
The order of the Superior Court is reversed, the order of the Court of Common Pleas is reinstated, and the record is remanded.
. Commonwealth v. Patterson, 247 Pa.Super. 199, 372 A.2d 7 (1977).
. Dissenting opinion, Hoffman, J., joined by Jacobs and Spaeth, JJ., supra, 247 Pa.Super. at 202, 372 A.2d at 8.
. She did so from the middle of the street since walking there was easier due to snow.
. The man asked questions, such as the woman’s name, age, residence and who resided with her. He also asked if he could go home with her, and she replied no.
. Despite the Commonwealth’s argument to the contrary, the issue is not waived pursuant to Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975). While only boiler-plate motions were filed, the issue was argued and briefed before the post-verdict motion court. Commonwealth v. Pugh, 476 Pa. 445, 383 A.2d 183 (1978). See Commonwealth v. Hitson, 482 Pa. 404, 393 A.2d 1169 (1978); Commonwealth v. Grace, 473 Pa. 542, 375 A.2d 721 (1977); Commonwealth v. Smith, 474 Pa. 559, 379 A.2d 96 (1977); Commonwealth v. Perillo, 474 Pa. 63, 376 A.2d 635 (1977).
. Judge Hoffman stated the requirement as an “identical modus operandi.” We believe such terminology is too restrictive and, hence, prefer the terminology used in the text and in McCormick on Evidence, supra at 449. The terminology is there further explained as requiring something more than the commission of the same class of crime, such as theft, namely something unusual or distinctive “as to be like a signature.” Cf. Commonwealth v. Fortune, supra, 464 Pa. at 373-74, 346 A.2d at 786.
. The evidence does not tend to establish motive or any other exception allowing admission.
. The victim indicated the man then used a “four-lettered word.”
. The victim explained by requesting this, she hoped to obtain an opportunity to encounter help.
. The trial court who saw the victims at trial provided this information in its opinion explaining the grant of a new trial.
. While the Commonwealth seeks to have this disregarded by reconciling the difference with the argument that the assailant in the second rape allegedly wanted to take the victim to an alley before being asked to go to a motel, we are not persuaded to do so.
In connection with locations, the assailant attempted to obtain permission to accompany the first victim into her home before attacking and such was not attempted with the second victim.
Concurring Opinion
concurring.
I join in the result reached by the majority because the proof of the second rape did not naturally tend to establish the identity of the perpetrator of the first rape. This second rape was not a distinct or “signature” crime which would have proved the identity of appellant as the person who committed the first rape. Commonwealth v. Fortune, 464 Pa. 367, 346 A.2d 783 (1975); Commonwealth v. Wable, 382 Pa. 80, 114 A.2d 334 (1955). Evidence of the second crime is therefore inadmissible.
Dissenting Opinion
dissenting.
Once again, a majority of this Court condones failure to comply with Pa.R.Crim.Proc. 1123(a) and Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975). Blair made clear that, consistent with the mandate of Rule 1123(a), this Court will consider only those issues raised in written post-verdict motions. In Commonwealth v. Roach, All Pa. 379, 381, 383 A.2d 1257, 1258 (1978), I expressed the view that Blair must be given effect beginning March 1, 1975, the effective date of Blair’s publication in the Atlantic Second advance sheets. See also Commonwealth v. Hitson, 482 Pa. 404, 408, 393 A.2d 1169, 1171 (1978) (Roberts, J., joined by Nix, J., concurring). Appellant filed boilerplate post-verdict motions on March 12, 1975. I would hold under Rule 1123(a) and Blair that appellant has failed to preserve his objection to admission of evidence that appellant committed another rape.
I dissent and would affirm the order of the Superior Court.
Dissenting Opinion
dissenting.
In reaching the merits of appellant’s allegation that the trial court erred in allowing testimony concerning the second rape, this Court once again condones defense counsel’s flagrant noncompliance with Pennsylvania Rule of Criminal Procedure 1123(a) and Commonwealth v, Blair, 460 Pa. 31, 331 A.2d 213 (1975), which when read together, should mean that issues not specifically raised in written post-trial motions will not be considered by the trial court or by this Court on appeal. By perpetuating in the instant case the exception purportedly created, by Commonwealth v. Grace, 473 Pa. 542, 375 A.2d 721 (1977) and Commonwealth v. Perillo, 474 Pa. 63, 376 A.2d 635 (1977), the majority creates yet another precedent which I fear will ultimately lead to wholesale disregard of Rule 1123 and Blair by bench and bar. This concern, among others, prompted me to dissent on this same point in Commonwealth v. Pugh, 476 Pa. 445, 453, 383 A.2d 183, 187 (1978) (Nix, J., dissenting). See also
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellee, v. Roy PATTERSON, Appellant
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- 25 cases
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- Published