These were recognized as belonging to DiPasquale, Gorey, Carchidi and appellant. This Court denied a petition for reargument and later denied a self-styled "Petition for Leave to File a Petition for Re-consideration of the Petition for Reargument.". 12275 Townsend Road Philadelphia PA, 19154. bhamilton@teamsters107.com. In fact, these photographs reveal the blood flowing from the victim's nose to be dried thick upon his cheek. Each of the slides was shown to the jury for approximately thirty seconds. I have viewed these slides. After Carchidi again mentioned McGrath's cleaning, McGrath heard what sounded to him like a package of firecrackers going off sequentially. Media & Press; Our Ads; Blog; About Us; Help Us / Union Profiles / Teamsters / Local 107 / Contracts . When he returned, appellant was still seated at the window. 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. 1180-2, 3. 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. Commonwealth v. Cox, 460 Pa. 566, 333 A.2d 917 (1975); Commonwealth v. Alston, 461 Pa. 664, 337 A.2d 597 (1975). (1965) 1580, 19 P.S. The extent to which defense counsel chooses to pursue a collateral issue is clearly a matter of judgment. the *195 more inflammatory the photograph the greater the need to establish the essential evidentiary value." Appellant's co-defendants, tried separately, were both acquitted. N. T. 285a. Because of the serious disagreement among the members of this Court as to the sufficiency of the evidence in this case, we should be particularly careful to avoid condoning something which may have unfairly tipped the scales of justice against the appellant at trial. Union FactsUnion Facts If they are more "convincing," it is only because their inflammatory nature might lead a jury to convict appellant, even though the prosecution had not proved beyond a reasonable doubt that appellant was the one responsible for these gruesome killings. 203(c). In fact it was their theory that at least two persons had actually shot the victims. More than 400 members of Teamsters Local 830 picketed for a 10th day outside of the Liberty Coca-Cola facility in Juniata Park. To each petition the District Attorney of Philadelphia County filed a responsive answer denying the material allegations. [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. This is a fact of which we have personal, direct knowledge. 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. Upon review of the record from the PCHA proceedings, we find appellant has failed to prove the requisite elements of his claim. After lengthy discussion as to the admissibility of the statement, the witness was permitted to testify concerning Carchidi's remark. Ill hit him with a baseball bat, Allen replies. This evidence, coupled with the medical examiner's testimony, indicated that the time of death could have been approximately 7:15 P.M. At the close of the case-in-chief, no evidence was presented by the defense. During questioning several days after the murders, Sullivan denied being present at the building during the time of the shootings. On the average, therefore, each slide was projected for almost thirty seconds. During the course of the trial, McGrath was skillfully cross-examined by experienced counsel concerning various inconsistent remarks made to the police, at the Medical Examiner's inquest and to other individuals. One Local 107 official and his secretary/girlfriend were shot to death in the unions offices on Spring Garden Street. 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). I must also dissent from the majority's decision that the trial court committed no error when it admitted into evidence thirty-nine color slides of the victims. PHILADELPHIA (WPVI) -- Teamsters Local 830 union group has entered its third week on strike against Liberty Coca-Cola in Philadelphia, the tri-state region's largest provider of Coca-Cola products. The hearing judge further observed that the "defendant was entitled to a carefully prepared brief by his counsel so that his argument could be fully presented" and found that "it does not appear that that was done. President: William Hamilton . Under this doctrine, if a conspiracy has been established, each conspirator represents the other with respect to the act to be accomplished and everything said or done by any of them in pursuance of the common purpose is admissible against all. And they show that his famous ego could be his weakness. For these reasons it was an abuse of discretion to allow them to be shown to the jury. Although the decision to proceed on appeal without oral argument may be a tactical one that counsel is entitled to make, see Supreme Court Rule 32, like every *146 tactical decision, that option must be selected on some reasonable basis designed to effectuate the client's interests. Meanwhile, Gregory Carchidi, another janitor entered the room but exchanged no greeting with Sullivan. Appellant next presents several arguments pertaining to trial counsel's alleged ineffectiveness for failing to raise timely objections to the court's charge to the jury. It is only necessary that each piece of evidence include the defendant in the group who could be linked while excluding others, and that the combination of evidence link the defendant to the crime beyond a reasonable doubt (emphasis supplied). The Commonwealth's most important witness was Francis J. McGrath, a janitor at the local and a member of the union. Break both his legs, I want him laid up, Sheeran replies I want him to go to the hospital.. Please you should figure out smth before visiting Madrid: - Madrid holds the largest drug market of Europe, which leads to very high violent crime rates. See Opinion of the Court, 472 Pa. at ___, 371 A.2d at 476. On the evening of June 17, 1966, John Gorey, an officer of Teamsters Union Local 107, and his friend, Rita Janda, were fatally shot at the local union's Philadelphia office building. Sullivan asked McGrath why he was working on Friday, McGrath's day off, and told him to defer his cleaning duties until after a union meeting scheduled for that Sunday so that the building would be clean for the opening of business on Monday. McGrath left the union hall and noticed four cars other than his own parked in the lot. More "puffing," as Sheeran calls it, about what he would do to whom, even though his power was gone. 5 Perina BLVD. I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". *168 In the appeal at No. On June 17, 1966, he arrived at work approximately 6:00 P.M. and parked his automobile in the lot adjacent to the building. Commonwealth v. Scaramuzzino, 455 Pa. 378, 381, 317 A.2d 225, 226 (1974); Commonwealth v. Snyder, 408 Pa. 253, 257, 182 A.2d 495, 496 (1962). PHILADELPHIA, Aug. 31 The district attorney's office obtained warrants for five men today on charges of murder and conspiracy in the slaying Robert A. DeGeorge, a member of Local 107, International Brotherhood of Teamsters. . 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. We got critical information about the contract campaign and how we could get involved. [11], That, of course, was not the situation here, as Sullivan concedes. Commonwealth v. Strantz, 328 Pa. 33, 40-42, 195 A. This petition was answered by the Commonwealth and after consideration was denied by this Court March 6, 1973. The point is, he was involved with the mob in a significant way. If, however, I *179 were to allow the direct appeal from the judgment of sentence, I would affirm, as the Court does. 121 and 122, pp. Such conduct is highly consistent with an attempt to avoid the possibility of any witnesses to the anticipated event. In 1984, he was appointed as an organizer and business agent within the local. Review: "I Heard You Paint Houses": Frank 'the Irishman' Sheeran and the Inside Story of the Mafia, the Teamsters, and the Final Ride of Jimmy Hoffa. Mr. Chief Justice BELL and Mr. Justice EAGEN noted their dissents on the ground that the evidence was insufficient to convict. The point is, he was involved with the mob in a significant way. After John Sullivan had been convicted by a jury in 1967 of two counts of murder in the first degree for the deaths by shooting of John Gorey and Rita Janda, post-trial motions were filed and denied by a court en banc. 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. (Opinion in Support of Affirmance) (Opinion of Pomeroy, J., joined by Jones and O'Brien, JJ.). The Irishman, Martin Scorseses latest Mafia epic, may alter the public perception but not the reality of who Frank Sheeran was and the role he played in the underworld. Both made deals with the mob to line their own pockets. Appellant next asserts the decision by defense counsel not to present any evidence or permit appellant to testify on his own behalf constituted ineffectiveness. A somewhat more detailed recital of the relevant history of the case is necessary to an understanding of the jurisprudential issue. 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. 121 and 122 and appellee at No. 612a]. Sullivan again suggested that McGrath postpone his duties until Sunday. This site is protected by reCAPTCHA and the Google. 1975). should not be resorted to where the witness can clearly convey the facts to the jury without their use." The Deputy District Attorney, James D. Crawford, Esq., testified that he received his copy of the brief from Mr. Peruto's office; also that he was "with Mr. Peruto personally in the Supreme Court Prothonotary's office when they [the briefs of the parties] were filed, or when they had been filed. The record indicates that the memorandum contained a request for a continuance to afford the Commonwealth an opportunity to test fire certain weapons to determine whether they were used in the perpetration of the homicides. Teamsters Local 107 Thats the ultimate question in a movie that marks the culmination of Scorseses lengthy and celebrated cinematic portrayal of organized crime. *180 Appellant, through new counsel (who continues to represent him), then filed a petition for reargument. 1975). 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. [6] The original petition under the PCHA was filed October 30, 1973. In such cases the post-conviction court recognizes the right of the defendant to an appeal, and to that end allows the filing and arguing of post-trial motions with the same effect as though this had been done in a timely fashion ("nunc pro tunc"). Moreover, the appellate court is not bound by the decision of the PCHA court. Commonwealth ex rel. The ruination of Louise Sullivan's life began June 20, 1967, the day her husband, John J. Sullivan, a former Teamsters official, was sentenced to two consecutive life terms for the murders of two . Safe Jobs Now! In light of this stipulation, the pictures could not possibly have any evidentiary value. He was a tough guy and a big drinker, said former Philadelphia mobster Nicholas Nicky Crow Caramandi. Commonwealth v. Petrakovich, 459 Pa. 511, 526, 329 A.2d 844, 851 (1974) (Dissenting opinion of Roberts, J., joined by Manderino, J.). I Heard You Paint Houses is Sheeran's story of his life with Hoffa and in the mob, as told in hundreds of hours of tapes to one of his former attorneys, Charles Brandt. 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. Given the availability of these alternative sources of evidence, the pictures did not have "essential evidentiary value.". FBI Agent Testimony Continues As John Dougherty, Bobby Henon - MSN In appeals at Nos. We cannot agree that such a procedure is desirable. Because this decision requires an examination of counsel's stewardship of the appeal in light of the available alternatives, it often will be necessary to call counsel whose assistance is challenged as ineffective so he may explain the decisions he made in the course of the appeal.
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