finding that Appellant’s signature on the government form was appropriately used as a handwriting exemplar to compare to the signatures on the checks drawn on Goodman’s account, and that testimony concerning the use of the name “Anna” King when checking into a motel near the prison was probative of Appellant’s knowledge that Martin would be improperly absent from prison and of her desire to facilitate his escape
How later courts described this case
- finding that Appellant’s signature on the government form was appropriately used as a handwriting exemplar to compare to the signatures on the checks drawn on Goodman’s account, and that testimony concerning the use of the name “Anna” King when checking into a motel near the prison was probative of Appellant’s knowledge that Martin would be improperly absent from prison and of her desire to facilitate his escape
- explaining that there “was no need for an expert to testify to the fear that [the victim] felt in his confrontation with [the defendants]—the fact that a human being would experience fear [during a violent episode] is so basic that expert opinion is unnecessary to assist the jury”
- holding that the trial court did not abuse its discretion in admitting photograph depicting the manner in which the victim was tied and which showed graphic signs of the body’s decomposition, including blackening of hands and secretion of bodily fluids
- pointing out that a Simmons instruction was not required when "the issue of future dangerousness was not before the jury. At no time during either phase of trial did the prosecutor argue or suggest that the death penalty should be imposed because Appellants could potentially hurt someone else. . . ."
Written by the judges who cited it.
The opinion
CASTILLE, Justice,
concurring.
I agree with the majority that the verdicts and sentences of death should be upheld as to both appellants. I write separately because I disagree with the majority’s conclusion that the aggravating circumstance of torture was not properly placed before the jury. Although Dr. Mihalakis’ expert testimony on the issue of whether the victim experienced fear and terror while being suffocated was improperly admitted, I *377 would find this error to be harmless beyond a reasonable doubt.
Here, the trial court erred by allowing Dr. Mihalakis to proffer expert testimony on a matter of common knowledge. By tying the victim’s hands behind his back and slowly suffocating him until the life finally ebbed out of him, appellants subjected the victim to a degree of terror and fear in the waning moments of his life which a juror does not require an expert to explain. In other words, Dr. Mihalakis did not tell the jurors anything which they did not already know by telling them that a human being would experience fear and terror as he is brutalized and suffocated. However, the same fact which renders the admission of Dr. Mihalakis’ testimony erroneous also renders such admission harmless. While an expert should generally not be permitted to testify as to a matter of common knowledge, allowing an expert to testify about truths as transparent as those at issue here should not be deemed prejudicial. To the extent that Collins v. Zediker, 421 Pa. 52 , 218 A.2d 776 (1966) holds to the contrary, I believe that case should be overruled.
Thus, I disagree with the majority’s conclusion that, due to the improper admission of Dr. Mihalakis’ testimony, the aggravating circumstance of torture was not properly before the jury. I concur with the remainder of the majority’s reasoning and with the result reached thereunder.