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Commonwealth v. Frazier, 455 Pa. 162, 314 A.2d 16 (1974); Commonwealth v. Murray, 452 Pa. 282, 305 A.2d 33 (1973); Cf. 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. Then he fell halfway under the desk. This contradicted McGrath's statement which placed Sullivan in direct proximity to the crime only moments before its occurrence. The group of thirty-nine slides can be divided roughly into four categories. We held that this evidence together with other circumstantial evidence was sufficient to sustain a conviction for murder in the second degree. Sullivan then left the room through the same door which Gorey had exited but Carchidi remained and seated himself behind the desk. As previously noted, *166 the test for determining effectiveness of counsel is based upon the reasonableness of his representation at time of trial. 122 is properly before the Court, and I concur in the affirmance of that order. Compare Commonwealth v. Dawson, 464 Pa. 254, 346 A.2d 545 (1975) (Eagen, J. At that time, he specifically observed two other vehicles on the premises. [7] Sullivan asserts that the real relief being sought by the PCHA petition was not a new appeal to this Court but was the grant of a new trial. 1180-1 et seq. 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. His co-defendant was Bert Brennan, his business partner in the scams that sent him to prison. Sheerans involvement with mob boss Russell Bufalino, a key issue in the movie, is also well documented in the Crime Commission report. 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. The only testimony in the post-conviction record as to the quality of the brief filed on appellant's behalf by his prior counsel, came from James D. Crawford, Esq., the Deputy District Attorney, who was accepted as an expert in appellate practice [452a]. At the time of Sullivan's trial, the law permitted the trial judge to express his opinion in the case.[12]. During this brief conversation, Gregory Carchidi, another janitor, entered the conference room. 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. It consisted of 37 typewritten pages, the first five and one-half being devoted to a detailed recitation of the facts, the balance to legal argument. 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. Such a show must have affected the jury greatly. 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. McGrath entered the building and began cleaning. I shot him with a .22 but that didnt seem to have any effect because he was a big man, Allen later testified. Its action in so doing, while undoubtedly taken with the best of intention, was clearly ultra vires under the circumstances.[15]. 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 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 . The late, great Pennsylvania Crime Commission provided much more in its massive and highly readable 1980 annual report titled, A Decade of Organized Crime. John SULLIVAN, Appellant (two cases). It was where he got his start. 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. We cannot agree that such a procedure is desirable. We disagree. Commenting upon this slide show we said in Scaramuzzino. ROBERTS, J., joins in this concurring and dissenting opinion. [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. In our view there was sufficient circumstantial evidence from which a conspiracy with Sullivan could have been inferred, Commonwealth v. Eiland, 450 Pa. 566, 570, 301 A.2d 651, 652 (1973), and therefore the statement was properly admitted. Accordingly, while I agree with the majority that the order granting appellant a new direct appeal should be affirmed, I must dissent from the majority's decision to affirm the conviction. Hoffa created a local union for Sheeran: Delaware Local 326 was carved out of Philadelphia Local 107, with Sheeran installed as president. 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. He was elected President of Local 107 in 2000, a . On this appeal, we find there is sufficient evidence in the record to support the factual findings of the PCHA court. It is for this reason, more fully explicated below, that I must dissent from part I of the Court's opinion. Having reviewed the slides and considered the trial court's cautionary instructions to the jury, we conclude there was no abuse of discretion in the admission of these photographs. We are thus persuaded that, on this record, the fact that this case was submitted without oral argument for reasons unrelated to the interest of counsel's client fully supports the hearing court's finding of ineffective assistance of appellate counsel.[10]. First, the testimony establishes that there was no dual representation in the true sense of the term, i.e., the same counsel actively represented co-defendants. Local Website. Their presentation to the jury deprived appellant of a fair trial. These photographs are more gruesome than any other color slides or photographs which I have seen in any previous appeal before this Court. You kill somebody, you want to get as far away from the body as quickly as you can, he said. There is no doubt he was a player. It purported to grant, instead, *184 a nunc pro tunc appeal, apparently accepting defendant's contention that his purported appeal of 1969 was not an appeal after all because counsel's brief had not been "carefully prepared" and oral argument had been waived. [2] On appeal no claim was made, as it had been post-trial, that the trial judge had erred in his charge to the jury or that the Commonwealth had concealed evidence favorable to the defendant. The Commonwealth's most important witness was Francis J. McGrath, a janitor at the local and a member of the union. That "puffing" scared top mobsters; it made them think he would make a deal with the Justice Department. 1502. *168 In the appeal at No. See, e.g., the new Rule 12(6) of the United States Court of Appeals for the Third Circuit, as amended November 18, 1974. In concluding that the photographs at issue here were admissible for these purposes the majority overlooks our conclusion in Scaramuzzino that such slides ". 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. 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. In a concluding paragraph it was suggested that the evidence of the Commonwealth "is not as a matter of law sufficient to sustain a verdict of guilty of murder in the first degree." 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. Further, he also attempted to convince McGrath to leave the premises and do the cleaning another day. . That petition squarely raised the issues of the ineffectiveness of appellate counsel and the denial of Sullivan's right of appeal. For this reason, the statute wisely requires petitioner to present all claims for relief to a trial court which has the facilities to hear and make findings of fact. 2d 811 (1963). 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. (A) As previously indicated, a brief was filed on appellant's behalf. The last three photographs in this group show the victim in various positions lying on her back in a pool of blood, with the head, chest, and arms completely covered with blood; her left eye is swollen and blackened, blood courses from her nose and mouth, the left side of her head is red with blood, as if painted with a brush, her arms are completely covered with blood, and blood flows in a river over the floor around the body. 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. Your Rights; The Benefits of Being A Teamster; . The group of photographs depicting the victim's torso consists of seven photographs. This however is not a basis for excluding the evidence. . Sheeran was close to Hoffa, and gives an insider's feel for the intimate relationship of Hoffa and the Teamster leadership to the mob. By entertaining the present 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. Head of Teamster Local And ExOfficial Indicted - New York Times 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. The proper test for determining the admissibility of this type of photographic evidence "is whether or not the photographs are of such essential evidentiary value that their need clearly outweighs the likelihood of inflaming the minds and passions of the jurors." I went behind the desk and put the.38 to his back and shot him. Commonwealth v. Rightnour, 469 Pa. 107, 364 A.2d 927 (1976). No fingerprints, shreds of clothing, or other physical evidence were found in the room where the murder occurred which could support an inference that Sullivan had been in the room when the murders were committed. denied, 386 U.S. 1013, 87 S. Ct. 1361, 18 L. Ed. Appellant first claims that he was denied effective assistance of trial counsel because his attorneys also represented two co-defendants who were tried separately for the crime. tel: 4064942747. Moreover, McGrath stated that when he left the building Sullivan's car was still parked in the lot. 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. Sheeran was charged in the DeGeorge hit but beat that rap on a technicality. 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. At this time appellant was represented by the late John Patrick Walsh, Esquire. [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. 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. I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". Commonwealth v. Segers, 460 Pa. 149, 157, 331 A.2d 462, 466 (1975); Commonwealth v. Paquette, 451 Pa. 250, 301 A.2d 837 (1973); Commonwealth v. Eiland, 450 Pa. 566, 301 A.2d 651 (1973); Commonwealth v. Williams, 450 Pa. 327, 301 A.2d 867 (1973). See Commonwealth v. Dancer, supra. should not be resorted to where the witness can clearly convey the facts to the jury without their use." Although a period of 11 days elapsed between the inquest and the presentment, no challenge was made to the array of the jury nor did the defense attempt to delay the indictment for the purpose of interposing an objection. 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. Union FactsUnion Facts A scrap paper found in the wastebasket alongside the desk where appellant had been seated prior to the victim's arrival contained Ms. Glenn's name and telephone number. Contact us for franchise opportunities. Philadelphia Daily News from Philadelphia, Pennsylvania Page 4 They show the victim lying on her left side with her face on the floor, surrounded by dried, caked, blood. It adds some details and intimate connection to Hoffa that only an insider can provide. 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 . Teamsters Local 107 Hoffa was too eager to get back into office, and they felt he would trade information in exchange for lifting the restrictions put on him to stay out of the union when Nixon pardoned him in December 1971. [20] Restrictions on oral argument are being frequently imposed by appellate courts because of their heavy workloads, a condition suffered by each of the three appellate courts of this Commonwealth. In another incident, Robert DeGeorge, a union reformer, was gunned down outside the office. Wed eat spaghetti and clams.. Since, however, the majority of the Court affirms that order and considers the case anew on its merits at No. [12] Whether legal services of counsel for a criminal appellant in this Court have been so slip-shod, so careless, so faulty as to add up to ineffectiveness is and must be for this Court, and no other court, to determine. I cannot agree, however, with the majority's conclusion that the evidence presented at trial was sufficient to sustain a conviction of murder of the first degree. Corruption and the Fall of Jimmy Hoffa: An Inside Story from the Man However, appellant was the only known person on the second floor whose whereabouts were unaccounted for during the shootings. As stated by our Court in Commonwealth v. Sauders, 390 Pa. 379, 388-89, 134 A.2d 890, 895 (1957): Appellant claims that this evidence fails to preclude the possibility that a third party committed the crime since the building was unlocked and several other individuals were known to be about. Shortly thereafter, Gorey appeared and had a brief conversation with McGrath. ROBERTS, Justice, concurring and dissenting. McGrath ignored the advice and continued his activities. After Carchidi again mentioned McGrath's cleaning, McGrath heard what sounded to him like a package of firecrackers going off sequentially.
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