Commonwealth v. Webster, 466 Pa. 314, 318-319, 353 A.2d 372, 374 (1975) (and cases cited therein). It therefore issued an order granting Sullivan leave to file a new appeal to this Court. We disagree. Consequently, this Court will not disturb its findings if they are supported in the PCHA record. The point is, he was involved with the mob in a significant way. 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. Finally, McGrath testified that he returned to the union hall some 15 minutes later and found only Gorey's car parked in the lot. 1975). In the course of his chores, he entered the office in which Sullivan was seated. EAGEN, J., dissents in the appeal docketed at No. 122. 1180-1 et seq. During the late 1950s and early 1960s, many truck drivers in Philly opposed Hoffa's heavy-handed rule. Commonwealth v. Cox, 460 Pa. 566, 333 A.2d 917 (1975); Commonwealth v. Alston, 461 Pa. 664, 337 A.2d 597 (1975). By the beginning of World War II, the Teamsters was one of the most powerful unions in the country, and Teamster leaders were influential in the corridors of power. Mr. Justice (now Chief Justice) Jones, Mr. Justice O'Brien, Mr. Justice Pomeroy were in support of affirmance of appellant's conviction. We also know, from having studiously scrutinized the brief at the time of the prior appeal, that it was a good, lawyerlike brief. The headings of the argument portion of the brief are substantially as follows: These are precisely the topics which were dealt with, with some rearrangement, in the opinion in support of affirmance. 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. 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. They obviously attempted to give the impression that the *154 crime was committed after the premises had been secured for the night and they had departed from the building. Thick, dark red, dried blood extends from all three wounds across the face. In these circumstances mere presence in the office building is insufficient to support an inference of guilt. He removed any evidence indicating that he had been in the building and left. Meanwhile, Gregory Carchidi, another janitor entered the room but exchanged no greeting with Sullivan. 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. The last group of photographs of the victim, Janda, consists of seven close-up photographs of various parts of her anatomy. 612a]. The words refer to the splatter of blood when the deed is done. Commonwealth v. Slavik, 449 Pa. 424, 432, 297 A.2d 920, 924 (1972). He stated that although a rough draft of a brief had been prepared he had no knowledge of its ever being filed. Is there regret and remorse? But the mob wouldnt have gone to an outsider to carry out the murder, he said. With two exceptions, the various points asserted as reasons for a new trial in the trial court were reasserted on appeal,[2] and the lack of sufficient evidence to convict was reasserted as ground for arresting the judgment. FBI arrests Teamsters Local 326 pres Francis J Sheeran and Local 107 former pres Louis J Bottone for allegedly violating Federal racketeering statutes by committing murder, attempted murder, arson . They were not needed to clarify the pathologist's testimony, and were of no value in proving intent to kill. 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). Appellant was still seated by the window when McGrath entered that office. 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. [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. 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. I would therefore reverse the judgment of sentence. [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. Moreover, it is not required that the prosecution exclude all possibility of a third party committing the act. 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. [10] This conclusion is further compelled by the quality of the "briefs" filed in support of appellant's claims for relief. The ballistics studies established two separate guns were employed *149 in the homicides but the weapons were never recovered. Three of these are almost identical. It is for this reason, more fully explicated below, that I must dissent from part I of the Court's opinion. I cannot agree with the majority that the evidence and the inferences the Commonwealth seeks to draw from it are sufficient to establish beyond a reasonable doubt that Sullivan was guilty of murder. Other uncontradicted evidence available to the Commonwealth, and offered at trial, was more than adequate to prove the cause of death, and that the killings were made with an intent to kill. (1975 Cum.Supp. 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. [21] This Court has always permitted oral arguments to be waived in the first instance, see Pa.R.A.P. 1975). 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. And they show that his famous ego could be his weakness. A somewhat more detailed recital of the relevant history of the case is necessary to an understanding of the jurisprudential issue. If the record is inadequate then it is the responsibility of the Post Conviction Hearing Court to permit the introduction of testimony and make the necessary findings that will allow for appellate review. Nobodys driving a body six-hundred miles to bury it.. See Commonwealth v. Sullivan, 446 Pa. 419, 286 A.2d 898 (1969).[3]. [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. 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. Mr. Peruto testified that it was Mr. (now Judge) DiBona who served as chief counsel for appellant during trial and made all decisions relevant to Sullivan's defense while he, Peruto, was merely assisting. );[3]Commonwealth v. Kravitz, 400 Pa. 198, 161 A.2d 861 (1960). 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. Each of the slides was shown to the jury for approximately thirty seconds. James P. Hoffa, the current Teamster president, likes to say the mob killed his dad. I have viewed these slides. The other new tidbit is a Detroit home address where Sheeran says the Teamster president was killed. We held that this evidence together with other circumstantial evidence was sufficient to sustain a conviction for murder in the second degree. Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. 2311(b), formerly Supreme Court Rule 71. The prosecutor played a tape recording of Gorey's voice for her but she was unable to identify the recorded voice as the one she had heard on the telephone. That the mob is suspected of playing a role in each only adds to the drama. [N.T. Washington v. Maroney, supra, 427 Pa. at 605 n. 8, 235 A.2d at 353 n. 8 "a finding of ineffectiveness could never be made unless we concluded that the alternatives not chosen offered a potential for success substantially greater than the tactics actually utilized." Unless the probity of the particular pictures offered is carefully considered, and the alternative sources of proof are given proper consideration, these assertions become legal fictions by which the standard set out in Commonwealth v. Powell, 428 Pa. 275, 241 A.2d 119 (1968), is circumvented. 1180-2, 3. Both made deals with the mob to line their own pockets. Having determined appellant had representation during this period we now consider whether said counsel had adequate notice of the presentments and an opportunity to challenge the array of the jury. That's the FBI's view of the crime as well. (Emphasis added.) 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. (1965) 1580, 2, 3, 19 P.S. While outside the building, McGrath saw Sullivan looking out a window of an office Sullivan usually did not use. Then a bullet was fired through his window at . You kill somebody, you want to get as far away from the body as quickly as you can, he said. I would reverse the convictions and order appellant discharged. Sheerans involvement with mob boss Russell Bufalino, a key issue in the movie, is also well documented in the Crime Commission report. 121 and 122, he concurs in the results. Atty., Chief, Appeals Div., James A. Shellenberger, Philadelphia, for appellant at No. 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." 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. 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. Apparently, the Commonwealth would have a PCHA petitioner file his petition directly with the appellate court. See also Commonwealth v. Wilmer, 434 Pa. 397, 254 A.2d 24 (1969). [6] In support of this proposition, the majority relies on Commonwealth v. Sullivan, 446 Pa. 419, 286 A.2d 898 (1971) (Opinion in Support of Affirmance) (Opinion of Pomeroy, J., joined by Jones and O'Brien, JJ. I flatly disagree. Copyright 2020 JerseyMan Magazine. This possibility is completely rebutted by ballistic evidence that each victim was shot by each of the weapons. 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. MANDERINO, Justice, concurring and dissenting. The Commonwealth filed an extensive answer and this Court denied relief. In appeals at Nos. Its action in so doing, while undoubtedly taken with the best of intention, was clearly ultra vires under the circumstances.[15]. Appellant next argues that he was denied an opportunity to challenge the array of the grand jury because 1) he was without the assistance of counsel at the time the indictments were presented; 2) he did not receive notice that the cause was to be presented to the October grand jury; and 3) he could not challenge the jury already impanelled. John SULLIVAN. 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. There is considerable coverage in the book of Hoffa's trials. *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. "[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]. Commonwealth v. Strantz, 328 Pa. 33, 40-42, 195 A. 12275 Townsend Road Philadelphia PA, 19154. bhamilton@teamsters107.com. Carchidi also suggested that McGrath wait until Sunday to complete his chores. In Commonwealth v. Dessus, 423 Pa. 177, 224 A.2d 188 (1966), we held that Rule 203 required that an accused must be given sufficient opportunity to challenge the array before the presentments are handed *157 over to the grand jury. Washington v. Maroney, supra, 427 Pa. at 604, 235 A.2d at 352. Moreover, we cannot accept the contention that the failure of the Commonwealth to make available to the defense these reports in any way violated appellant's due process rights under Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 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. In Collemacine, supra, we held that "Failure to notify the accused or his counsel that his case will be presented to a grand jury other than that to which he was handed over violates fundamental notions of Due Process" (emphasis added). Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. [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. The basic error of the court below and of this Court, as I see it, lies in a misconception of the scope and proper function of the Post-Conviction Hearing Act. See the article in its original context from. He may have done some work, although the consensus is that he paid someone else to pull the trigger. 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. *178 MANDERINO, J., joins in this concurring and dissenting opinion. 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. Appellant concedes that the Commonwealth has proved all the essential elements of the murders except the identity of the perpetrator. Your Rights; The Benefits of Being A Teamster; . John SULLIVAN, Appellant (two cases). *130 *131 *132 *133 *134 *135 *136 *137 *138 Marilyn J. Gelb, Philadelphia, for appellant at Nos. Two of these photographs are almost identical views of the victim's face and chest area showing her to be completely covered with blood from near the top of her head to her waist. In addition to claiming he was the man who shot Hoffa, Sheeran, who died in 2003, told Brandt that he provided the rifles used in the assassination of John F. Kennedy and that he was the hitman who gunned down mobster Joey Gallo at Umbertos Clam House back in 1972. 2311(a) formerly Supreme Court Rule 32, but will order argument in a submitted case where it feels that it would be particularly helpful; it may even order reargument in a case already once argued in order to obtain further clarification. 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. Furthermore, both the petitioner and the Commonwealth may wish to call additional witnesses and present other evidence relevant to the petitioner's claim. Thus we believe the PCHA court granted the proper relief. Accordingly we will not consider the question on appeal. *147 See Commonwealth v. Stone, 437 Pa. 496, 264 A.2d 406 (1970); Commonwealth v. Stein, 436 Pa. 330, 260 A.2d 467 (1969); Commonwealth v. Trowery, 435 Pa. 586, 258 A.2d 499 (1969). The second depicts a portion of her nude torso from just above the right breast to approximately four inches below the navel, revealing at least two bullet holes in the area just above and just below the navel. Appellant further contends that the slides were unnecessary because the defense was willing to stipulate to the evidence concerning the cause of death. 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. 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]. Mr. Crawford characterized the brief as "excellent" [456a, 457a]. . See Commonwealth v. Sullivan, 446 Pa. 419 286 A.2d 898 (1969). 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. Where the trial record contains sufficient basis for a determination but the trial court has failed to rule, then the Post Conviction Hearing Court must either make a determination whether the issue has been waived, or if not, reach the merits of the question presented. And no way was the body driven back to New Jersey and buried in a landfill, as some have speculated. Experience discloses that judges usually vote to eliminate oral argument: . 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. McGrath drove off but returned to the premises within 15 minutes. Moreover, the location of the bodies could be established by other testimony, including that of the photographer, and the physical scene of the crime could have been depicted by a picture of the room taken after the bodies had been removed. [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. The next is an identical close-up of appellant's face taken from the right, this time with some of the blood removed to more clearly reveal the bullet hole in the left corner of the right eye, the bullet hole in the right temple, the dried and caked blood in front of the right ear, and blood staining the victim's blonde hair red at the top of her forehead. As stated in Commonwealth ex rel. The following day, the jury determined that Sullivan should be sentenced to serve two consecutive terms of life imprisonment. I also agree that appeal from the post-conviction court's order is without merit. Accordingly, the court properly denied the motion to quash. Teamsters, Local 107. Having determined that this appeal is properly before us, we now consider the substantive claims presented therein. 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.

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