PCHA procedure was intended to take the place in Pennsylvania of petitions for writs of habeas corpus, coram nobis and the like, following conviction. [2] Post-verdict motions were denied and judgments of sentence were entered. 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. Hoffa was tried for taking payoffs from carhaul employers, and got a hung jury by bribing several jurors. MANDERINO, J., files a concurring and dissenting opinion, in which ROBERTS, J., joins. 121 except that the first two points of the original brief have been dropped. Gorey had been shot four times and Janda six times, the shots being fired from close range. Similar charges surrounding Walsh and a corrupt Teamsters union local surfaced years later, in 2003, when the Teamsters union filed internal charges against a member of their executive board, Donato DeSanti, for "helping Walsh, whom he knew to be a convicted labor racketeer with ties to organized crime, manipulate officers of [Local]107 into . Finally, McGrath testified that he returned to the union hall some 15 minutes later and found only Gorey's car parked in the lot. "[9] The hearing court then found as a fact that in these respects there was ineffective assistance of counsel, and thereupon entered its order whereby defendant was "granted leave, nunc pro tunc, to refile an appeal to the Supreme Court of Pennsylvania and to file briefs and present oral argument thereon."[10]. The least *160 degree of concert or collusion between parties to an illegal transaction makes the act of one the act of all and the showing of the conspiratorial design does not necessarily involve participation in every detail as long as he was an active partner in the intent which was the crime's basic element. This site is protected by reCAPTCHA and the Google. Moreover, it is not necessary that each piece of evidence be linked to the defendant beyond a reasonable doubt. Shortly thereafter, Gorey appeared and had a brief conversation with McGrath. 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. But see Commonwealth v. Murray, 452 Pa. 282, 305 A.2d 33 (1973). McGrath ignored the advice and continued his activities. The Commonwealth argues that from the evidence adduced at trial the jury could infer that Sullivan was in the building at the time of the killing, that he sat by the window watching for Gorey and Janda to arrive, and that there were only two other people, Carchidi and McGrath in the building at the time of the killing. 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." I join in part I of the majority opinion. The majority asserts that appellant's offer to stipulate cannot deprive the Commonwealth of its right to prove its case by the most convincing evidence available. Dist. 127 and would reverse the order of the Court of Common Pleas granting the right to appeal nunc pro tunc. *174 I have reviewed the entire 1,300 page record of Sullivan's trial and am completely satisfied that the evidence of Sullivan's participation in the crime is either nonexistent or so weak and inconclusive that as a matter of law the inferences of fact necessary to establish guilt beyond reasonable doubt could not be reasonably drawn. And they show that his famous ego could be his weakness. 612a]. See brief of appellant at Nos. 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. This Court has previously held that a decision of a court in a case where appellant was without the effective assistance of counsel is not binding upon appellant. In 1974, Sullivan filed a petition for relief pursuant to the Post Conviction Hearing Act[4] in the Court of Common *140 Pleas of Philadelphia. 121 and 122, Judgments of sentence affirmed. Very few persons exposed to full color slide photographs of blood smeared bodies, with bullet riddled faces, lying in literal pools of blood, could dispassionately decide whether the prosecution had sustained its burden of proving beyond a reasonable doubt that the perpetrator of such crimes was, in fact, the same man accused of committing them. Section 5 of the PCHA grants jurisdiction initially to the court that imposed the judgment of sentence: Post Conviction Hearing Act 5(a), 19 P.S. [4] This petition identified some eight respects in which the Court (i.e., the opinion in support of affirmance) had allegedly misunderstood the evidence or misapplied the law. However, in view of the majority's holding that the color slides of the victims were properly admitted and shown to the jury, I must express my dissent on that issue. 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. Here the Commonwealth concedes that the evidence did not foreclose the possibility of the participation of a third person to the shooting. . Sheeran believes the 1972 book by Kennedy aide Walter Sheridan played a role in the Hoffa murder. 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. 127, the Order of the Court granting leave to file a direct appeal to this Court is affirmed. In both shots fully one-half of the victim's face and neck is completely covered with blood. Employer/Location Union Employees Date; Allied Building Products Corp (Phila Glenolden & Horsham PA) Glenolden, PA: IBT Local 107: 8: November 12th, 2010: MAC Steel Philadelphia, PA: IBT Local . Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). I got one of them steel baseball bats. Commonwealth v. Rice, 456 Pa. 90, 318 A.2d 705 (1974). I would reverse the convictions and order appellant discharged. Accordingly, the court properly denied the motion to quash. 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. More than 400 members of Teamsters Local 830 picketed for a 10th day outside of the Liberty Coca-Cola facility in Juniata Park. However, even assuming arguendo these decisions apply retroactively and that counsel should have possessed the foresight to anticipate them, we believe this reliance is misplaced. Atty., Steven H. Goldblatt, Asst. The group of thirty-nine slides can be divided roughly into four categories. In this photograph a section of hair has been shaved to expose a bullet hole in the skull above and to the rear of the left ear. His failure to comply with the clear mandate of the rule precludes relief once the indictments were submitted to the panel. Three appeals resulted from the PCHA court's order. In the instant case, Judge DiBona believed that there was insufficient evidence upon which to convict Sullivan. (1965) 1580, 2, 3, 19 P.S. Is there regret and remorse? Certainly the PCHA and our rules governing post-conviction proceedings, Pa.R.Crim.P. [12] In support of his position, appellant relies upon our decisions in Commonwealth v. Archambault, 448 Pa. 90, 290 A.2d 72 (1972) and Commonwealth v. Goins, 457 Pa. 594, 321 A.2d 913 (1974), both of which were decided several years after Sullivan's trial. Post Conviction Hearing Act, 11, 19 P.S. A few minutes later Sullivan entered the conference room using the same door through which *170 Gorey had exited. This was the world in which Sheeran operated. 12275 Townsend Road Philadelphia PA, 19154. bhamilton@teamsters107.com. [4] In Commonwealth v. Petrakovich, 459 Pa. 511, 329 A.2d 844 (1974), the majority decided that the test announced in Commonwealth v. Powell, 428 Pa. 275, 241 A.2d 119 (1968), applies only after it is first determined that the photographs have inflammatory characteristics. We could not conclude on the basis of the record of trial whether "counsel's decision not to secure [the witness's] appearance or to have the notes of Gilmore's previous testimony read to the jury was based on a reassessment of its worth and a conclusion that it was of little or no value in the posture of the case" or "the result of sloth or lack of awareness of the available alternatives". He began his work in the trucking industry for a few different union companies. . . I agree that it would have been preferable for counsel to make such an argument. Four of the other claims for relief, namely, denial of opportunity to challenge the array of the grand jury, wrongful admission of color slides, admission of hearsay evidence, and want of sufficient evidence, were extensively dealt with in the opinion in support of the order of affirmance on the prior appeal. Moreover, the appellate court is not bound by the decision of the PCHA court. The police found in appellant's car a blanket, hatchet handle and other items, all of which were stained with blood of decedent's blood type. While Brady requires the prosecution to provide the defense upon request with material in its possession which would be beneficial to the defendant, the record here reflects that there was no request for such information. See Commonwealth v. Dancer, supra. 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. 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. In the instant case, Sullivan bases his claim of ineffective assistance of appellate counsel on two grounds: (1) the failure of counsel to file a brief in this Court and, (2) counsel's decision not to argue the case orally. John SULLIVAN, Appellant (two cases). The Commission report points to meetings at Vesuvios Restaurant in New York where Bufalino, accompanied by Sheeran, met to discuss mob business. The point is, he was involved with the mob in a significant way. It was where he got his start. See Commonwealth v. Petrisko, supra; Commonwealth v. Tinsley, supra; and Commonwealth v. McIntyre, supra. Appellant's final contention is that trial counsel was ineffective for failing to object to the introduction of evidence that Sullivan had exercised his right to remain silent until he had obtained counsel. The order also denied any other relief pursuant to the Post-Conviction Hearing Act for reasons indicated in the seven numbered paragraphs of the hearing judge's opinion. They were thus proper subjects of a PCHA petition, Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1975), and are now properly before us in the appeal at No. I don't know whether they were filed at that date or filed a day or two before." 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 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 . The murder weapons were never discovered and thus there was no evidence indicating that they had ever been in Sullivan's possession. Numerous other alleged errors of former counsel at trial, together with errors of the trial court, were also set forth as grounds for relief. Mobsters killed Hoffa for sure, but Hoffa was a part of their operation. This possibility is completely rebutted by ballistic evidence that each victim was shot by each of the weapons. It was uncontested that the handwriting was that of appellant. [6] In Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1974), the appellant alleged on direct appeal that trial counsel was ineffective because he failed to secure the attendance of a witness who had testified in favor of the defendant at a previous trial. Even if the photographs are slightly more convincing, the stipulation offered may be an adequate substitute, so that the photographs no longer have "such essential evidentiary value" as to "clearly outweigh" their prejudicial effect. Commonwealth v. Petrisko, 442 Pa. 575, 580, 275 A.2d 46, 49 (1971). If these photographs do not warrant a reversal and remand for new trial, no retrial will ever be granted because of the admission of inflammatory photographs. As a result, it has added to the legend surrounding the disappearance and murder of the infamous Teamster boss who showed up for a meeting at a restaurant outside Detroit and was never seen again. 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. Specifically, appellant alleges that McGrath should not have been permitted to testify that immediately after the shootings Carchidi stated, "Get out of here and don't say nothing," (sic). . 2015 Local 107 Scholarship Winners; 2014 SCHOLARSHIP WINNERS; Events Calendar; Education. In this photograph, the victim's upper lip is drawn slightly upward, revealing her teeth in a grotesque "snarl.". Appellant was still seated by the window when McGrath entered that office. In refusing to accept the prosecution's contention that the photographs in Scaramuzzino were necessary "to aid the pathologist in explaining to the jury the wounds which were suffered by the decedent . 1975). retain the opportunity of obtaining a whole new direct appeal via the Post Conviction Hearing Act." 203 which stated in pertinent part: Since this jury was impanelled prior to the time of the presentment, appellant would not have been precluded from making a challenge prior to the submission of the bills had he attempted to do so. . Commonwealth v. Bailey, 448 Pa. 224, 292 A.2d 345 (1972). But the mob wouldnt have gone to an outsider to carry out the murder, he said. Need A Union. In concluding that the photographs at issue here were admissible for these purposes the majority overlooks our conclusion in Scaramuzzino that such slides ". [5] We have since stated that the preferred practice is for a Post Conviction Hearing Court, having determined that petitioner is entitled to a direct appeal, to refrain from rulings upon the merits of the remaining claims for relief because they will be reviewable on the direct appeal process. Commonwealth v. Petrakovich, 459 Pa. 511, 526, 329 A.2d 844, 851 (1974) (Dissenting opinion of Roberts, J., joined by Manderino, J.). 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. There is however, absolutely no factual basis for this assertion. Teamsters, Local 107. Teamsters Local 570: Cazenovia Police Reach Tentative Agreement: Teamsters Local 1149: More News : Current Campaigns : Political and Legislative Action. After lengthy discussion as to the admissibility of the statement, the witness was permitted to testify concerning Carchidi's remark. 121 and 122. He was identified as a mob leader in the 1987 RICO lawsuit against top Teamsters that led to the present-day consent order. 1975). I cannot believe that a jury needs photographic evidence, in addition to *176 the Commonwealth's uncontradicted ballistic evidence, to be convinced that a person shot six times at close range was shot with an intent to kill. In the instant case, the Commonwealth's theory, substantiated by ballistic evidence was that the victims were killed by shots from two different weapons and that each person was hit by shots from both guns. 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. [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. 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. . See also, Commonwealth v. Rogozinski, 387 Pa. 399, 402, 128 A.2d 28, 30 (1956). McGrath started to question Carchidi about the disturbance but was abruptly instructed to "Get out of the building and don't say nothing" (sic). 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. It's an easy book to read, and even fun, if that's an appropriate word for a book about murder and union corruption. Teamsters Local 107 : February 25, 2023: Contact Elected Officials! ", Thus, on this record the color slides had no evidentiary value. 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. Break both his legs, I want him laid up, Sheeran replies I want him to go to the hospital.. The first category, consists of eight slides depicting the outside of the building in which the victims' bodies were found, a window with a bullet hole, the layout of the parking lot outside the building, the victim Janda's purse, a brown paper lunch bag sitting on the window sill, and some severed telephone lines. See the article in its original context from. Appellant concedes that the Commonwealth has proved all the essential elements of the murders except the identity of the perpetrator. The evidence was insufficient to establish guilt beyond a reasonable doubt. We held that this evidence together with other circumstantial evidence was sufficient to sustain a conviction for murder in the second degree. 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. In this petition he asserted that (1) his trial counsel had been ineffective; (2) his appellate counsel had been ineffective; (3) numerous prejudicial errors had been committed during his trial; (4) the evidence the Commonwealth adduced at trial was insufficient to support a conviction of murder in the first degree; and (5) after discovered evidence entitled him to a new trial. We got critical information about the contract campaign and how we could get involved. Then I went out the door and went home.. Since these pictures were of no evidentiary value, and certainly did not have "essential evidentiary value," they should not have been admitted. What he didnt do, according to most reliable sources, is put two bullets in the back of Jimmy Hoffas head. Crime & Corruption; Undemocratic Leaders; Unfair Labor Practices; Political Money; Union Profiles. In the course of his chores, he entered the office in which Sullivan was seated. . 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. Now we are building national connections. A second line with a different call number had been prearranged by Gorey to ring in his office so that he could receive an anticipated call from Joseph Vernick at 7:00 P. M. One Irene Glenn testified for the Commonwealth that she dialed the regular union phone number about 6:15 P.M. that evening and a man answered identifying himself as Gorey. At the time of Sullivan's trial, the law permitted the trial judge to express his opinion in the case.[12]. The death of Mr. Justice COHEN before a decision of this Court was reached occasioned the equal division of the Court. Thus, not only was the objection not addressed to the propriety of the trial court's ruling permitting the witness to examine the weapons, the actual results were not harmful to the defense. All Rights Reserved. . Commonwealth v. Webster, 466 Pa. 314, 318-319, 353 A.2d 372, 374 (1975) (and cases cited therein). Anyone can read what you share. For this reason it is clear that if counsel had pressed this objection on appeal it would not have justified the award of a new trial. Moreover, the jury was properly instructed on all possible verdicts and received adequate instructions on the applicable law. Hoffa created a local union for Sheeran: Delaware Local 326 was carved out of Philadelphia Local 107, with Sheeran installed as president. 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 victims' bodies were discovered the following morning. However, appellant was the only known person on the second floor whose whereabouts were unaccounted for during the shootings. Ill hit him with a baseball bat, Allen replies. It adds some details and intimate connection to Hoffa that only an insider can provide. 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"). [11] See Commonwealth v. Faison, 437 Pa. 432, 436-7, n. 4, 264 A.2d 94 (1970). [1] A direct appeal to this Court was then taken. EAGEN, J., dissents in the appeal docketed at No. The late, great Pennsylvania Crime Commission provided much more in its massive and highly readable 1980 annual report titled, A Decade of Organized Crime. The second group of photographs contains various shots indicating the relative position in which the victims' bodies were found. In light of this stipulation, the pictures could not possibly have any evidentiary value. Compare Commonwealth v. Dawson, 464 Pa. 254, 346 A.2d 545 (1975) (Eagen, J. Commonwealth v. Cox, 460 Pa. 566, 333 A.2d 917 (1975); Commonwealth v. Alston, 461 Pa. 664, 337 A.2d 597 (1975). COMMONWEALTH of Pennsylvania 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). Commonwealth v. Libonati, 346 Pa. 504, 508, 31 A.2d 95, 97 (1943). This is a fact of which we have personal, direct knowledge. This conduct was consistent with one who was privy to the events which had transpired. Among the people that the grand jury accused of involvement in those activities, but did not indict, were Russell Bufalino of Kingston, the reputed leader of organized crime in northeastern Pennsylvania; Larry Thomas, president of Teamsters Local 513 of Philadelphia; and James D. Osticco of Pittston, an official of Medico Industries. 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. Nor did the lower court grant the right to file post-trial motions nunc pro tunc, for such motions had long since been filed and denied. 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. For these reasons it was an abuse of discretion to allow them to be shown to the jury. McGrath drove off but returned to the premises within 15 minutes. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). Sheeran adds some details to what is already well-known about the corrupt relationship between Hoffa and the Nixon administration. get out of the building and don't say nothing" (sic). The following day, the jury determined that Sullivan should be sentenced to serve two consecutive terms of life imprisonment. The fact that a guy like Sheeran was chosen to head one of the new locals put the lie to the reform effort. Safe Jobs Now! See Commonwealth ex rel. 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." 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. Here, the Commonwealth relies totally on circumstantial evidence. 1180-10 (Supp. In Scaramuzzino, we reversed and remanded for a new trial because fourteen color slides were introduced over defense counsel's objection. The witness then entered the building and proceeded to the second floor to commence his duties. Commonwealth v. Breaker, supra; Commonwealth v. Wilson, 429 Pa. 458, 240 A.2d 498 (1968); Commonwealth ex rel. Bufalino and other Hoffa associates feared that once again he would turn FBI informant to get into the Marble Palace. *130 *131 *132 *133 *134 *135 *136 *137 *138 Marilyn J. Gelb, Philadelphia, for appellant at Nos. Such a determination merely finds that counsel's ineffective stewardship of the appeal failed to adequately present to the appellate court some claim or claims upon which petitioner may have been entitled to relief. Corbin v. Myers, 423 Pa. 243, 223 A.2d 738 (1966), cert. 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. Furthermore, the inference that because Sullivan was seated at the window overlooking the parking lot, he was waiting for Gorey and Janda is nothing more than speculation.