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It adds some details and intimate connection to Hoffa that only an insider can provide. 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. 612a]. See Commonwealth v. Sullivan, 446 Pa. 419, 286 A.2d 898 (1969).[3]. See also, Commonwealth v. Tinsley, 465 Pa. 329, 350 A.2d 791 (1976); Commonwealth v. McIntyre, 451 Pa. 42, 47, 301 A.2d 832, 834 (1973). He matter of factly describes killing three people in one day and then he "met up with Jimmy to give him the report.". They have been on strike since April 16, demanding better pay and . Three appeals resulted from the PCHA court's order. Only Gorey's car remained in the lot. In light of this stipulation, the pictures could not possibly have any evidentiary value. [8] The Commonwealth suggests that by allowing trial courts to grant new appeals upon finding ineffective assistance of appellate counsel, "every criminal defendant . Testimony by the pathologist as to the number and nature of the wounds was more than adequate to prove this element of the crime. Flight is just as consistent with fear as with guilt, id., and appellant's "flight" consisted of no more than leaving the building, as did others. There is however, absolutely no factual basis for this assertion. 121 the Court, in my judgment, turns Pennsylvania appellate jurisprudence in criminal cases on its head, and seriously compromises the integrity of the appellate process. 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." Commonwealth v. Garrett, 423 Pa. 8, 222 A.2d 902 (1968); Commonwealth v. Clinton, 391 Pa. 212, 218-19, 137 A.2d 463, 466 (1958). He was elected President of Local 107 in 2000, a . James P. Hoffa, the current Teamster president, likes to say the mob killed his dad. (Maj. opinion at pages 481, 482). History notes. So here is Sheeran, head of Teamsters Local 326 in Wilmington, ordering Charlie Allen, a mob enforcer, to deliver a message to the president of a company who was giving Sheeran a hard time. 1180-11 (Supp. See brief of appellant at Nos. This possibility is completely rebutted by ballistic evidence that each victim was shot by each of the weapons. However, appellant was the only known person on the second floor whose whereabouts were unaccounted for during the shootings. The record is unclear as to who filed it with the Supreme Court, although Mr. Peruto assumed "someone in my office might have done something about it." [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. Washington v. Maroney, supra, 427 Pa. at 604, 235 A.2d at 352. As shocking as news that a man had been shot during an apparent attempted robbery in the Talladega National Forest Sunday was, what the investigation into that crime uncovered was even more alarming. In each of those cases, we independently determined that the brief or petition for allowance of appeal filed was inadequate and remanded the case to the Superior Court for the filing of a proper brief or petition. The Commonwealth filed an extensive answer and this Court denied relief. Moreover, in no appeals from orders rendered in PCHA proceedings do we permit oral argument except by special order of court, notwithstanding that all such cases appealed as of right to this Court involve felonious homicides. Moreover, the proper test to be applied by a trial court in determining the admissibility of photographs in homicide cases is whether or not the photographs are of such evidentiary value that their need clearly outweighs their likelihood of inflaming the minds and passions of the jurors. They would take care of their own problem.. Then I went out the door and went home.. On June 17, 1966, he arrived at work approximately 6:00 P.M. and parked his automobile in the lot adjacent to the building. In Scaramuzzino we condemned introduction of the photographs because they showed various parts of the *197 victim's body with its heart having been removed by the pathologist. To prove ineffectiveness on this ground, it is necessary to establish that 1) there was dual representation and 2) as a result, a conflict of interest developed. There is however, no assertion that these statements had any direct bearing upon the innocence of this appellant. [7], After the taking of extensive testimony,[8] the learned hearing judge, noting that this Court had divided evenly, *182 concluded that "[o]ral argument might have persuaded a different decision." The decision not to present a defense is a tactical one and will not be deemed ineffective stewardship if there is a reasonable basis for that position. Hoffa created a local union for Sheeran: Delaware Local 326 was carved out of Philadelphia Local 107, with Sheeran installed as president. According to the source, Andalusia was the autonomous community in Spain with the highest number of deaths due to homicide, approaching 61 . The Commonwealth places great weight on the fact that besides Gorey and Janda, McGrath saw only Carchidi and Sullivan in the building prior to the shooting. *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. When deciding a claim of ineffective appellate counsel, the hearing court must determine if the course chosen by counsel had some reasonable basis designed to effectuate his client's interests. [10] This conclusion is further compelled by the quality of the "briefs" filed in support of appellant's claims for relief. (This would be reinforced later when, living with a new identity after being relocated by federal authorities, he was charged with sexually abusing a step-daughter.). This petition was answered by the Commonwealth and after consideration was denied by this Court March 6, 1973. . At this time, both Sullivan and McGrath observed John Gorey and Rita Janda arrive at the union hall in Gorey's car and enter the building. [17] The remainder of Sullivan's present brief (which is concerned with the appeal at No. Furthermore, counsel's filing of a highly unorthodox "brief" which failed to comply with our rules and which appears to be only a preliminary draft and his failure to argue the appeal orally support the PCHA court's legal conclusion that Sullivan was deprived of effective assistance of appellate counsel in his initial appeal. [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. 1975). Moreover, it is not necessary that each piece of evidence be linked to the defendant beyond a reasonable doubt. International Brotherhood of Teamsters. As indicated above, the information was introduced during trial and the defense had the opportunity of using it in any manner it deemed appropriate. At that time, he specifically observed two other vehicles on the premises. Nor do we believe that the failure to introduce these alleged inconsistent statements from the interview constituted ineffective stewardship. That's the FBI's view of the crime as well. Hoffa hired Sheeran in that first telephone conversation as an "organizer," on the recommendation of Russell Bufalino, the Mafia boss of Pennsylvania. 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. 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. Both made deals with the mob to line their own pockets. Teamsters LU No 107. Additionally, appellant suggests the court's instructions improperly emphasized certain evidence and did not fairly state all the possible verdicts in the case thereby usurping the jury's fact-finding function and directing them toward a first degree murder conviction. 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. Also found in the car were spent cartridges of the same caliber as the bullets removed from the deceased's body. Brady, supra requires the prosecution to furnish the defense evidence on *164 demand which would tend to exculpate him or reduce the degree of penalty. The second group of photographs contains various shots indicating the relative position in which the victims' bodies were found. Commonwealth v. Powell, 428 Pa. 275, 278-79, 241 A.2d 119, 121 (1968) (emphasis added); accord, Commonwealth v. Petrakovich, 459 Pa. 511, 329 A.2d 844 (1974). If factual determinations are involved relative to matters not of record nor within the direct knowledge of the appellate court, that may be accomplished in a proper case by reference to a master or to a trial court to perform a master's function. 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. The other new tidbit is a Detroit home address where Sheeran says the Teamster president was killed. Moreover, the appellate court is not bound by the decision of the PCHA court. ROBERTS, Justice, concurring and dissenting. Under such circumstances there is no conceivable basis for concluding the decision was made to effectuate the interests of the client. (1975 Cum.Supp. As previously noted, *166 the test for determining effectiveness of counsel is based upon the reasonableness of his representation at time of trial. Moreover, he attempted to persuade McGrath to leave the premises by repeatedly suggesting *151 that the cleaning be left until Sunday. A somewhat more detailed recital of the relevant history of the case is necessary to an understanding of the jurisprudential issue. I would reverse the convictions and order appellant discharged. [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. 1975). Media & Press; Our Ads; Blog; About Us; Help Us / Union Profiles / Teamsters / Local 107 / Leaders, Employees, and Salaries McGrath left the union hall and noticed four cars other than his own parked in the lot. The 279-page book was considered the bible for reporters tracking the mob back in those days. *178 MANDERINO, J., joins in this concurring and dissenting opinion. . 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). Anyone can read what you share. 121 and 122 and appellee at No. The indictment was sealed until the men had been arrested on bench warrants. 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 The extent to which defense counsel chooses to pursue a collateral issue is clearly a matter of judgment. After lengthy discussion as to the admissibility of the statement, the witness was permitted to testify concerning Carchidi's remark. The words refer to the splatter of blood when the deed is done. But see Commonwealth v. Murray, 452 Pa. 282, 305 A.2d 33 (1973). This conclusion is supported by Judge DiBona's statements that his stewardship was in no way affected by the consideration of the co-defendant's cases but was solely a product of what he considered to be the best course in his representation of Sullivan. );[3]Commonwealth v. Kravitz, 400 Pa. 198, 161 A.2d 861 (1960). Judge Doty's opinion states, however, that the photograph issue "can be re-considered" by this Court on reargument, and that on reargument also "there may be a full argument on the question of sufficiency of the evidence." [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. You always want your victim to feel comfortable. Corbin v. Myers, 423 Pa. 243, 223 A.2d 738 (1966), cert. 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". 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). TimesMachine is an exclusive benefit for home delivery and digital subscribers. He therefore refrained from calling any defense witness to avoid the possibility of exposing them to cross-examination through which the prosecution might have extracted those elements necessary to complete their proof. [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. Initially, the Commonwealth argues that under the PCHA, "a trial-level court" cannot find that a petitioner's appellate counsel was ineffective and grant him leave to file a new appeal. 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. Far from being a "drastically new procedure," as the Court's opinion states, ante at 474, this is the customary manner for such matters to be handled when they arise. [11] On May 12, 1967, the Rule was amended wherein it specifically provided for a period of at least 10 days between the time an accused is held for court and the presentment to the grand jury. Then Hoffa was tried and convicted in 1964 for the jury tampering, and also convicted by a Chicago jury of defrauding the Central States Pension Fund to line his own pocket in a Florida land scam. Thus, although this rough draft was eventually presented to this Court as well as a brief prepared by the appellant propria persona, it is obvious that these documents did not represent the studied exposition of the difficult and complex issues raised in this trial which is required by our standards, particularly where the charges were as serious as those involved in this lawsuit. Such conduct is highly consistent with an attempt to avoid the possibility of any witnesses to the anticipated event. That book revealed that Hoffa had snitched to the FBI on Teamster President Dave Beck to help send Beck to prison and Hoffa into the Marble Palace. Commonwealth v. Libonati, 346 Pa. 504, 508, 31 A.2d 95, 97 (1943). She testified that the man who spoke to her identified himself as Gorey. Additionally, it is contended that at the commencement of trial and out of the presence of the jury, the prosecution delivered a memorandum to the trial court, the contents of which were not made known to the defense. have the appellate courts resolve the issues on their merits, and yet . Sullivan requested that he be discharged, granted a new trial, or granted appropriate relief. 1501-06, mandate that the hearing court initially decide a petitioner's claim. The majority opinion here attempts to supply the "essential evidentiary value" required by Powell, supra, and Scaramuzzino, supra, by stating that the slides were "offered to aid the jury in understanding the physical scene of the crime, the nature and extent of the wounds inflicted and the brutality of the murder to graphically demonstrate the existence of an intent to take life." v. When this case was first before this Court, Mr. Justice Pomeroy described the slides as "repulsive, showing not only close-ups of the contorted bodies of the two deceased persons lying in pools of blood, but also close-ups of the bullet holes in the heads and other portions of *175 the anatomies of the victims." See Pa.R.Crim.P. 5 charged with murder in slaying of Teamsters Local 107 member R A DeGeorge . Mr. Crawford characterized the brief as "excellent" [456a, 457a]. While outside the building, McGrath saw Sullivan looking out a window of an office Sullivan usually did not use.

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