The issues Sullivan raised on his prior direct appeal were not so cognizable, being of non-constitutional dimension. (3) Where the sole issue is sufficiency of the evidence, the adequacy of jury instruction or rulings as to admissibility of evidence and the briefs make adequate reference to the record and the state of the record will determine the outcome." *188 (B) The other basis on which the PCHA hearing judge and this Court find ineffectiveness by prior counsel is the waiver of oral argument. Glenn testified that at about 6:15 p.m., June 17, 1966, she telephoned the union to discuss the local's efforts to organize the company at which she was employed. Sheeran was close to Hoffa, and gives an insider's feel for the intimate relationship of Hoffa and the Teamster leadership to the mob. See Commonwealth v. McNeill, 462 Pa. 438, 341 A.2d 463, 465 (1975). [15] This is not to suggest that the post-conviction court may not in a proper case deal with a claim of ineffectiveness of appellate counsel. 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. [22] In any event, waiver of oral argument cannot be said as a matter of law to have rendered counsel constitutionally ineffective.[23]. Commonwealth v. Garrett, 423 Pa. 8, 222 A.2d 902 (1968). . [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. Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ. 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. The ostensible purpose for their introduction was to support and clarify the pathologist's testimony as to the cause of death. There is considerable coverage in the book of Hoffa's trials. 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). 474, 475) of this Court inhibits it from passing upon the adequacy of performance to which it and not the lower court or even the client, is witness. Commonwealth v. Woods, 454 Pa. 250, 252, 311 A.2d 582, 583 (1973); Commonwealth v. Dickerson, 406 Pa. 102, 176 A.2d 421 (1962). Ill hit him with a baseball bat, Allen replies. I got one of them steel baseball bats. 108).Stop by or call the Retiree office for information regarding shirts, hats, etc..if you call after hours, just leave your name & phone number and we will call you ASAP. [11], That, of course, was not the situation here, as Sullivan concedes. Bill Hamilton has been a Teamster since 1966. The death of Mr. Justice COHEN before a decision of this Court was reached occasioned the equal division of the Court. Atty., Steven H. Goldblatt, Asst. Ethan Allen Doty, Administrative Judge. Rather, no action was taken until two months after the indictments were returned when appellant's new counsel moved to quash the indictments that had been returned. Union FactsUnion Facts Almost immediately thereafter, appellant exited the conference room through the same doorway which Gorey had previously departed, and which led towards Gorey's office, the scene of the murders. These circumstances are consistent with the inference that Sullivan and Carchidi had left shortly after McGrath's original departure. 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). Moreover, it is not necessary that each piece of evidence be linked to the defendant beyond a reasonable doubt. Wed eat spaghetti and clams.. Your Rights; The Benefits of Being A Teamster; . 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. But both beat their cases. As stated in Commonwealth ex rel. . have the appellate courts resolve the issues on their merits, and yet . 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. . The defense demurred to the Commonwealth's evidence and offered no evidence on its own. As in Scaramuzzino. . Moreover, McGrath stated that when he left the building Sullivan's car was still parked in the lot. In appeals at Nos. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). Whether the petition for reconsideration was also part of the record at the PCHA hearing is not clear. The fifteen photographs depicting the victim, Janda, can also be divided into three groups: one depicting an overview of the body of the victim as it lay on the floor; one group depicting the body from the area of the waist to the top of the head in various positions on the floor; and one group depicting close-ups of various portions of the victim's anatomy. In my personal judgment, the brief here in issue was just that. Sheeran believes the 1972 book by Kennedy aide Walter Sheridan played a role in the Hoffa murder. I spoke with Dan Moldea, author of The Hoffa Wars, the authoritative 1978 book on Hoffa and his era, about Sheeran's book. [8] The Commonwealth suggests that by allowing trial courts to grant new appeals upon finding ineffective assistance of appellate counsel, "every criminal defendant . Our review of the record convinces us that these arguments are without merit. On the contrary, the record establishes that defense counsel learned of the interview with McGill during his cross-examination of McGrath. 12275 Townsend Road Philadelphia PA, 19154. bhamilton@teamsters107.com. [5] The majority asserts that the slides also might aid the jury in understanding the location of the bodies, to rule out the possibility that Janda and Gorey shot each other. As stated in appellant's brief, the statements related only to the question of Carchidi's guilt or innocence. This contradicted McGrath's statement which placed Sullivan in direct proximity to the crime only moments before its occurrence. 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. International Brotherhood of Teamsters. According to the source, Andalusia was the autonomous community in Spain with the highest number of deaths due to homicide, approaching 61 . . Thus counsel is deemed constitutionally effective once we conclude that the particular course chosen was in the interest of the client and we will not substitute hindsight evaluation of the record to retrospectively determine whether counsel's decision was reasonable. Mob Scene | Scorsese's Real Life Mobsters | JerseyMan Magazine [3] The motions for a new trial and in arrest of judgment were heard by a three judge court en banc. On this appeal, we find there is sufficient evidence in the record to support the factual findings of the PCHA court. Arraignment for both was set for Oct. 4. Sullivan however conceded at trial that the crime amounted to first degree murder but based his defense upon the theory that the evidence was insufficient to establish his guilt. It is true that the brief had no proper backer, one segment was triple-spaced and it lacked a statement of jurisdiction and of questions involved or a summary of argument. 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. The late, great Pennsylvania Crime Commission provided much more in its massive and highly readable 1980 annual report titled, A Decade of Organized Crime. 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. Sheeran was Hoffas friend. . 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. Sheeran and Brandt (half the book is taken verbatim from the Sheeran tapes, the rest . 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. FBI Agent Testimony Continues As John Dougherty, Bobby Henon - MSN 121 and 122, pp. McGrath started to question Carchidi about the disturbance but was abruptly instructed to "Get out of the building and don't say nothing" (sic). See Commonwealth v. Smith, 454 Pa. 256, 312 A.2d 396 (1973); Commonwealth v. Minnick, 432 Pa. 462, 247 A.2d 569 (1968). 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. This one is worth reading. Consequently, this Court will not disturb its findings if they are supported in the PCHA record. 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. Appellant next alleges error by the trial court for admitting into evidence color slides depicting the bodies of the victims. That petition squarely raised the issues of the ineffectiveness of appellate counsel and the denial of Sullivan's right of appeal. Teamsters interested in how the Teamsters Union became corrupted should read it. Thus by the stroke of the pen of a court of inferior jurisdiction is prior appellate action in the same case rendered nugatory. The division of the court with respect to affirming the judgments was again noted, and the contention was advanced, citing Neil v. Biggers, 409 U.S. 188, 93 S. Ct. 375, 34 L. Ed. He began his work in the trucking industry for a few different union companies. . Of the eight photographs of Gorey, five are photographs of the body depicting it from the waist area to the top of the head, in the position it was found lying on the floor. 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." 122 is properly before the Court, and I concur in the affirmance of that order. In Goins, supra, the accused had admitted committing the homicide but asserted the defenses of intoxication and insanity in an effort to lessen the degree of guilt. Since, however, the majority of the Court affirms that order and considers the case anew on its merits at No. [17] The primary substantive difference between *187 appellant's original brief and the current one is that the latter includes citations to cases decided since 1970. 5 charged with murder in slaying of Teamsters Local 107 member R A DeGeorge . I would therefore reverse the judgment of sentence. (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.). 1180-5(a) (Supp. Commonwealth v. Raymond, 412 Pa. 194, 208, 194 A.2d 150, 157 (1963); *167 Commonwealth v. Watts, 358 Pa. 92, 97, 56 A.2d 81, 83 (1948). 1180-4, of issues otherwise cognizable under that Act. Spain: number of deaths by homicide by region | Statista This writer dissented, contending that if the pictures in question are not inflammatory, this is merely a factor to be considered in applying the Powell test. 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. [1] A direct appeal to this Court was then taken. [5], The majority also asserts that the slides helped to supplement the pathologist's testimony. Over defense objection the prosecution offered into evidence thirty-nine color slides taken by the medical examiner *191 at the scene of the crime. We cannot agree that such a procedure is desirable. 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. Contact us for franchise opportunities. See also Commonwealth v. Wilmer, 434 Pa. 397, 254 A.2d 24 (1969). See Commonwealth v. Petrisko, supra; Commonwealth v. Tinsley, supra; and Commonwealth v. McIntyre, supra. 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.". 127. Reconstructing the shooting through these slides the prosecution sought to prove that neither victim could have shot the other, that Gorey was the principal target and *158 Janda was shot while she was attempting to hide beneath her desk to avoid the existence of a witness to the killing of Gorey. It adds some details and intimate connection to Hoffa that only an insider can provide. [21] This Court has always permitted oral arguments to be waived in the first instance, see Pa.R.A.P. After a hearing, the court concluded that Sullivan had not received effective assistance of counsel on appeal. The Commonwealth argues that the PCHA court erred in granting Sullivan a new appeal because (1) the court was without authority to do so, and (2) the record fails to support the court's conclusion that Sullivan did not receive effective assistance of appellate counsel. Additionally, we do not believe that the procedure employed denied this appellant an opportunity to challenge the array as provided by Pa.R.Crim.Pro. Hoffa created a local union for Sheeran: Delaware Local 326 was carved out of Philadelphia Local 107, with Sheeran installed as president. I agree that it would have been preferable for counsel to make such an argument. *171 Further evidence was introduced which showed that during the investigation, Sullivan denied that he was in the building at the time of the murder. Janda was shot six times, Gorey three times, all at close range. 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." 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). "Business agent and blonde slain in headquarters of local 107" Home; Our History. Local 107 Store Office Phone # is 215-552-0070 (ext. 1482, No. 1502. 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. Post Conviction Hearing Act, 11, 19 P.S. Hoffa became obsessed with saying of his former flunky and successor, Frank Fitzsimmons "It's not his union, it's my union.". 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. According to the findings of the PCHA court, the appeal was submitted on the "brief" not because counsel believed this would enhance the chances of success on appeal, but because of "considerable confusion." 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. [3] This opinion, authored by the present writer, was joined by Mr. Justice (now Chief Justice) JONES and Mr. Justice O'BRIEN. [6] I *177 fail to see how these pictures, offered as circumstantial evidence that the killing was murder of the first degree, are more convincing than a stipulation to the legal conclusion they were offered to prove. This possibility is completely rebutted by ballistic evidence that each victim was shot by each of the weapons. Full text is unavailable for this digitized archive article. 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. Thus in the case at bar Judge Doty's finding of ineffective assistance of appellate counsel should be viewed as advisory only, if it is to be considered at all. Such conduct is highly consistent with an attempt to avoid the possibility of any witnesses to the anticipated event. denied, 386 U.S. 1013, 87 S. Ct. 1361, 18 L. Ed. Although the Commonwealth concedes that a claim of ineffective assistance of appellate counsel is cognizable under the PCHA, it maintains that "a rational system of judicial decision making demand[s] that [the court in which the direct appeal was initially filed] determine the effectiveness of representation by appellate counsel." International Brotherhood of Teamsters Local 107 (JDM Materials Company However, appellant was the only known person on the second floor whose whereabouts were unaccounted for during the shootings. Commonwealth v. Sullivan, 446 Pa. 419, 435, 286 A.2d 898, 904 (1971). In appeals docketed at Nos. 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. The Commonwealth concedes that the evidence does not exclude participation by anyone else. [19] The opinion of the Court states in wholly conclusory fashion (n. 10, 472 Pa. p. 146, 371 A.2d p. 476 of its opinion, supra) that the brief "did not represent the studied exposition of the difficult and complex issues raised in this trial". 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. The majority asserts that this photographic evidence was admissible to prove that the two victims were killed with an intent to kill. *190 O'BRIEN, J., joins in this concurring and dissenting opinion. More than 400 members of Teamsters Local 830 picketed for a 10th day outside of the Liberty Coca-Cola facility in Juniata Park. Appellant's brief at Nos. While we do not condone such a practice we do not find that any prejudice to appellant resulted in this case. However, we need not reach the merits of this claim. 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. 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. The men were identified as Francis J. Sheeran, 58 years old, of Bensalem Township, president of Local 326 of the International Brotherhood of Teamsters in Wilmington, Del., and Louis J. Bottone, 46, of Roslyn, a former president of Local 107 in Philadelphia. These reasons advanced for reargument were premised on two introductory averments in the petition: (1) that the judgments were affirmed by an evenly divided Court; and (2) that the docket "does not reflect the filing of a brief nor the argument of his cases by prior counsel on appellant's behalf." We will submit on briefs." The failure to press this objection at post trial motions is now assigned as a basis for this ineffective assistance claim. [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." 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). 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. 121, I deem it appropriate to indicate my agreement with its conclusion that the judgment of sentence should be affirmed. During the late 1950s and early 1960s, many truck drivers in Philly opposed Hoffa's heavy-handed rule. . Appellant next suggests that the defense was denied notice as to which grand jury the cause would be presented thereby violating the rule enunciated by our Court in Commonwealth v. Collemacine, 429 Pa. 24, 239 A.2d 296 (1968). Washington v. Maroney, supra; and a claim of ineffectiveness will not be successful unless it is sustained by the record or other credible evidence. Sign up for our free summaries and get the latest delivered directly to you. Sheeran adds one new twist: that he himself, not Salvatore "Sally Bugs" Bruguglio, pulled the trigger on July 30, 1975. Even under the view announced by the majority in Petrakovich, however, the Powell test applies, because the color slides shown in this case were inflammatory. 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. 19 U.S.Sup.Ct.Digest, L.Ed. 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.
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