teamsters local 107 murders

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. I Heard You Paint Houses is Sheeran's story of his life with Hoffa and in the mob, as told in hundreds of hours of tapes to one of his former attorneys, Charles Brandt. 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. Only Gorey's car remained in the lot. Appellant did not question the nature and cause of death, however, and when the pathologist was asked whether there was anything questionable about "his findings" which the photographs might clarify, he replied "I would say no. [7] The Commonwealth argues that this limitation on the appellate court's judicial capabilities does not foreclose the procedure it proposes. Having reviewed the charge in its entirety as we must, Commonwealth v. Stoltzfus, 462 Pa. 43, 337 A.2d 873 (1975); Commonwealth v. Stafford, 451 Pa. 95, 301 A.2d 600 (1973), we find that the charge presented a fair discussion of the evidence. Moreover, in no appeals from orders rendered in PCHA proceedings do we permit oral argument except by special order of court, notwithstanding that all such cases appealed as of right to this Court involve felonious homicides. [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. 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. The third is a close-up of the victim's face, neck and upper chest revealing a bullet hole to the right temple, a bullet hole in the left corner of the right eye, blood flowing from the right ear, and blood staining the hair bright red. 1180-11 (Supp. In another incident, Robert DeGeorge, a union reformer, was gunned down outside the office. [16] Because, however, the Court considers the matter anew and now reverses itself *186 by affirming the post-conviction hearing court's order, I address the question briefly on the merits. In concluding that the photographs at issue here were admissible for these purposes the majority overlooks our conclusion in Scaramuzzino that such slides ". During questioning several days after the murders, Sullivan denied being present at the building during the time of the shootings. When this case was first before this Court, Mr. Justice Pomeroy described the slides as "repulsive, showing not only close-ups of the contorted bodies of the two deceased persons lying in pools of blood, but also close-ups of the bullet holes in the heads and other portions of *175 the anatomies of the victims." In this petition it was asserted again that "no brief was ever filed in support of appellant's appeal" and that no oral argument was made, prior counsel having made admissions to this effect. We are a community partnership that business professionals can trust to expand their personal and professional lives. Mr. Peruto, who served as co-counsel during trial and sole counsel before this Court, also had no recollection of a brief being filed. *193 Another photograph reveals the victim's upper back and right shoulder with her blouse pulled up to reveal a bullet hole in the upper right arm and a back almost completely covered with blood; this picture also reveals a mass of blood on the rear of the victim's head just above her right ear. These photographs are more gruesome than any other color slides or photographs which I have seen in any previous appeal before this Court. For these reasons we find that the charge was proper and therefore there was no necessity for counsel to object. 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." The admission into evidence of the thirty-nine color slides of the victims, in the absence of any need to have the jury see this evidence, deprived appellant of a fair trial. While outside the building, McGrath saw Sullivan looking out a window of an office Sullivan usually did not use. In my personal judgment, the brief here in issue was just that. Photographs are not automatically admissible whenever the Commonwealth asserts they might help prove a specific intent to kill, or that they might help to clarify the pathologist's testimony. More to the point, it is an example of how the mob usurps the power and prestige of legitimate organizations to advance its own agenda. In appeals at Nos. Commonwealth v. Webster, 466 Pa. 314, 318-319, 353 A.2d 372, 374 (1975) (and cases cited therein). At that time, he specifically observed two other vehicles on the premises. 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). These slides were inflammatory, and of no evidentiary value. Teamsters, Local 107. Thus our decision does not allow every criminal defendant the option of receiving a second appeal.". "I attended a UPS contract workshop that TDU held for members of my local. We will consider first the Commonwealth's appeal. *150 This standard is equally applicable to cases where the evidence is circumstantial rather than direct so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt. He got halfway up, and then he fell again. The late, great Pennsylvania Crime Commission provided much more in its massive and highly readable 1980 annual report titled, A Decade of Organized Crime. [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. tel: 2155520070. You kill somebody, you want to get as far away from the body as quickly as you can, he said. The Commonwealth concedes that the evidence does not exclude participation by anyone else. See Commonwealth v. Dancer, supra. I agree with the Court in its affirmance of denial of post-conviction relief. Review: "I Heard You Paint Houses": Frank 'the Irishman' Sheeran and the Inside Story of the Mafia, the Teamsters, and the Final Ride of Jimmy Hoffa. 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. 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." *130 *131 *132 *133 *134 *135 *136 *137 *138 Marilyn J. Gelb, Philadelphia, for appellant at Nos. Commonwealth v. Garrett, 423 Pa. 8, 222 A.2d 902 (1968). As indicated above, the information was introduced during trial and the defense had the opportunity of using it in any manner it deemed appropriate. The remaining two photographs of the victim, Gorey, depict almost identical close-up shots of the victim's face; both reveal in horrid detail the bullet wound to the center of the forehead and the bullet wound to the left eye. 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. New Century Transportation . The point is, he was involved with the mob in a significant way. Ill fill it with sandthatll really do it.. 9-10. For these reasons it was an abuse of discretion to allow them to be shown to the jury. Sullivan asked McGrath why he was working on Friday, McGrath's day off, and told him to defer his cleaning duties until after a union meeting scheduled for that Sunday so that the building would be clean for the opening of business on Monday. This contradicted McGrath's statement which placed Sullivan in direct proximity to the crime only moments before its occurrence. Commonwealth v. Powell, 428 Pa. 275, 278-79, 241 A.2d 119, 121 (1968) (emphasis added); accord, Commonwealth v. Petrakovich, 459 Pa. 511, 329 A.2d 844 (1974). Appellant's conviction should be reversed because there is insufficient evidence to support his convictions, and it therefore is unnecessary to address the other issues decided by the majority. [9] Judge DiBona, prior to his elevation to the bench, and Mr. Peruto, served as counsel for appellant. 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. *178 MANDERINO, J., joins in this concurring and dissenting opinion. Initially we recognize that a presumption exists that counsel is competent, Commonwealth v. Murray, supra, 452 Pa. at 286, 305 A.2d at 36; Commonwealth ex rel. Commonwealth v. Petrisko, 442 Pa. 575, 580, 275 A.2d 46, 49 (1971). More "puffing," as Sheeran calls it, about what he would do to whom, even though his power was gone. The defense demurred to the Commonwealth's evidence and offered no evidence on its own. (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." (Emphasis added.) In reviewing this claim of ineffectiveness we must consider whether there was some *163 reasonable basis for not pursuing the objection. A reasonable inference can be drawn that the repetition and similarity of these statements to McGrath by appellant and Carchidi just prior to the shootings was indicative of their knowledge of the impending incident and further evidenced their attempts to remove any potential witnesses to the crime. The witness then entered the building and proceeded to the second floor to commence his duties. Hence, there was no Brady violation for trial counsel to preserve. 1180-10 (Supp. Momentarily, the shots were heard and Carchidi told McGrath to ". While it is not contended by the Commonwealth that any of these facts standing alone would support a conviction, taken in concert with all reasonable inferences, they clearly justify the conclusion that appellant was linked to the crime beyond a reasonable doubt. [9] Judge Doty's findings did not bear out the repeated charge that no brief had been filed on appellant's behalf. See Commonwealth v. Sullivan, 446 Pa. 419, 286 A.2d 898 (1969).[3]. MANDERINO, Justice, concurring and dissenting. [6] The petition again set forth the failure of counsel to file a brief or to make oral argument on appeal and the fact that the decision of this Court was by a vote of three to three, and repeated the charge that defendant's right of appeal had thus been denied him. If the Commonwealth believes that the evidence is insufficient to support the court's findings of fact or its legal conclusion that counsel was ineffective, the Commonwealth may appeal to the appropriate appellate court as was done in the present case. We believe that the statutory allocation of judicial responsibility in the determination of claims raised under the PCHA necessarily reflects the institutional capabilities of trial and appellate courts. Moreover, flight from the scene of a crime is not enough to prove complicity. "I heard you paint houses." She did not testify that Sullivan's voice was the one she heard on the telephone. [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. Shortly thereafter, Sullivan left the conference room by the same door Gorey had used. Full text is unavailable for this digitized archive article. 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. He was identified as a mob leader in the 1987 RICO lawsuit against top Teamsters that led to the present-day consent order. He stated that although a rough draft of a brief had been prepared he had no knowledge of its ever being filed. We therefore concluded that. Furthermore, if the prosecution felt it desirable, schematic drawings of the victim's bodies, showing the relative position of the various bullet wounds could also have been provided for the jury's benefit. We held that this evidence together with other circumstantial evidence was sufficient to sustain a conviction for murder in the second degree. (Opinion in Support of Affirmance) (Opinion of Pomeroy, J., joined by Jones and O'Brien, JJ.). [1] A direct appeal to this Court was then taken. 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 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. View Full Article in Timesmachine , See the article in its original context from. Almost a year later there was presented on appellant's behalf a pleading entitled "Petition for Leave to File Petition for Reconsideration of Petition for Reargument." [2] The police department laboratory technicians were unable to uncover any of the scientific evidence that is often used to prove circumstantially that the accused committed the crime. 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. the *195 more inflammatory the photograph the greater the need to establish the essential evidentiary value." [1] To convict, the jury would have to believe that after leaving the conference room, Sullivan followed Gorey into his office and then took part in the murders. Appellant's conviction should be reversed, and a new trial ordered, on this ground. The evidence was insufficient to establish guilt beyond a reasonable doubt. Moreover, it is not necessary that each piece of evidence be linked to the defendant beyond a reasonable doubt. McGrath started to question Carchidi about the disturbance but was abruptly instructed to "Get out of the building and don't say nothing" (sic). What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? 1180-3(6), was meant to include appellate counsel in a case where counsel had purportedly finished his task. In our view, the statement was properly admitted under the co-conspirator's declaration exception to the hearsay rule. The prosecution also called on the President of Teamsters Local 107 Thursday morning. *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. Appellant next asserts the decision by defense counsel not to present any evidence or permit appellant to testify on his own behalf constituted ineffectiveness. As stated in Commonwealth ex rel. 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. After a hearing, the court concluded that Sullivan had not received effective assistance of counsel on appeal. 1501-06, mandate that the hearing court initially decide a petitioner's claim. In this photograph, the victim's upper lip is drawn slightly upward, revealing her teeth in a grotesque "snarl.". 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. In Kravitz, supra, we concluded by determining that it is unnecessary for the Commonwealth to dispel all possibility of doubt provided the evidence, if believed, warrants a finding of guilt beyond a reasonable doubt. *190 O'BRIEN, J., joins in this concurring and dissenting opinion. [21] That there was nothing unusual in Sullivan's counsel having waived argument is shown by the fact that in the calendar year 1975, nineteen appeals from convictions of murder in the first degree were submitted to this Court on briefs; in the calendar year 1976, at least twenty-six such appeals were submitted on briefs. Angelo Bruno, portrayed by Harvey Keitel, has a few brief scenes. Ill hit him with a baseball bat, Allen replies. tel: 4064942747. The 279-page book was considered the bible for reporters tracking the mob back in those days. They would take care of their own problem.. Appellant next alleges error by the trial court for admitting into evidence color slides depicting the bodies of the victims. In The Irishman, Scorsese uses the betrayal and murder of Hoffa as the basis for a story about aging gangsters looking back on their lives. Sullivan again suggested that McGrath postpone his duties until Sunday. . Teamsters Local 570: Cazenovia Police Reach Tentative Agreement: Teamsters Local 1149: More News : Current Campaigns : Political and Legislative Action. It depicts the victim lying on her left side on the floor (the desk under which she was found having apparently been removed for purposes of the photograph) in a pool of blood extending from near the top of her head down to her waist. 121, I deem it appropriate to indicate my agreement with its conclusion that the judgment of sentence should be affirmed. Such conduct is highly consistent with an attempt to avoid the possibility of any witnesses to the anticipated event. Hoffa was tried for taking payoffs from carhaul employers, and got a hung jury by bribing several jurors. 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. 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. Indeed, in this case, the very witness upon whom the Commonwealth most heavily relies fled from the scene of the crime and thereafter made careful efforts to cover up the fact that he had been in the building at the time of the shooting. That Act was designed to allow a defendant to assert after trial and conviction the existence of some egregious fault or flaw in the prior proceedings which denied him the benefits of a fair trial and thus deprived him of due process of law or equal protection of the laws or both. That the mob is suspected of playing a role in each only adds to the drama. See Commonwealth v. Petrisko, supra; Commonwealth v. Tinsley, supra; and Commonwealth v. McIntyre, supra. Commonwealth v. Sullivan, 446 Pa. 419, 286 A.2d 898 (1970). It reveals the bullet wound to the right temple, with the blood that once flowed from it across the forehead now dried and caked. During the late 1950s and early 1960s, many truck drivers in Philly opposed Hoffa's heavy-handed rule. [5] The basic holding of the majority, as justification for entertaining the instant appeal, is that the lower court was correct in finding that Sullivan's earlier appellate counsel were ineffective, that this ineffectiveness denied Sullivan his right of appeal, and that the proper remedy for this is a new direct appeal. Commonwealth v. Garrett, 423 Pa. 8, 222 A.2d 902 (1968); Commonwealth v. Clinton, 391 Pa. 212, 218-19, 137 A.2d 463, 466 (1958). Hoffa hired Sheeran in that first telephone conversation as an "organizer," on the recommendation of Russell Bufalino, the Mafia boss of Pennsylvania. 12275 Townsend Road Philadelphia PA, 19154. bhamilton@teamsters107.com. After lengthy discussion as to the admissibility of the statement, the witness was permitted to testify concerning Carchidi's remark. John SULLIVAN, Appellant (two cases). 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. Janda was shot six times, Gorey three times, all at close range. 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. 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. See brief of appellant at Nos. get out of the building and don't say nothing" (sic). Appellant next presents several arguments pertaining to trial counsel's alleged ineffectiveness for failing to raise timely objections to the court's charge to the jury. . Since these pictures were of no evidentiary value, and certainly did not have "essential evidentiary value," they should not have been admitted. We decline the Commonwealth's invitation to ignore the statute and existing practice and adopt a drastically new procedure. Post Conviction Hearing Act, 11, 19 P.S. The words refer to the splatter of blood when the deed is done. The lower court permitted the evidence on several bases: 1) that it was admissible under the co-conspirator's declaration exception to the hearsay rule, 2) that it was admissible under the res gestae exception to the hearsay rule, and 3) that even if the statement was improperly admitted, it was not prejudicial to appellant. And no way was the body driven back to New Jersey and buried in a landfill, as some have speculated. 2015 Local 107 Scholarship Winners; 2014 SCHOLARSHIP WINNERS; Events Calendar; Education. I join in the concurring and dissenting opinion of Mr. Justice Roberts, and would reverse the judgment of sentence and order appellant discharged because I believe the evidence was insufficient to prove beyond a reasonable doubt that appellant was one of the perpetrators of the homicides. Application of the standard governing admissibility of photographs requires careful examination of the purposes for which they are offered, and the alternatives available to the Commonwealth. 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. 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. Thus the result which the Court reaches, i.e., that this appeal properly lies, would be the same even had there been a majority vote in this Court for affirmance at the time of the first appeal. On June 17, 1966, he arrived at work approximately 6:00 P.M. and parked his automobile in the lot adjacent to the building. A few minutes later Sullivan entered the conference room using the same door through which *170 Gorey had exited. It's an easy book to read, and even fun, if that's an appropriate word for a book about murder and union corruption. I agree that it would have been preferable for counsel to make such an argument. Even if Frank Sheeran didnt pump those two bullets into the back of Jimmy Hoffas head. See Commonwealth ex rel. (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.). 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. - Leading city in street shootings and people stabbed in the street. Your Rights & FAQ; Union Decertification; Media & Ads. In a case where the evidence was circumstantial and a paramount issue was sufficiency, it is understandable that counsel could conclude, in his client's best interest, that the less said about the factual details, the better. Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. Upon review of the record from the PCHA proceedings, we find appellant has failed to prove the requisite elements of his claim. (1965) 1580, 4, 19 P.S. Allen, a degenerate drug dealer as well as mob associate, was cooperating with the FBI at the time and was wearing a body wire. The following day, the jury determined that Sullivan should be sentenced to serve two consecutive terms of life imprisonment. It's half true. The witness then took the refuse outside the building. At this time appellant was represented by the late John Patrick Walsh, Esquire. Appellant next presents numerous claims that he was denied his right to effective assistance of trial counsel. 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). 334, 5, provided that after a jury found a defendant guilty of murder in the first degree, it must determine whether life imprisonment or the death penalty should be imposed. Post Conviction Hearing Act, 10, 19 P.S. Commonwealth v. Hill, supra, 450 Pa. at 482, 301 A.2d at 590. [4] Applying this test, it is clear that the gruesome nature of these photographs created a "substantial likelihood of inflaming the minds and passions of the jurors." The basis of the Collemacine doctrine was to prevent the presentments from being made to a panel at an indefinite time in the future, without knowledge to the accused, thereby precluding the opportunity for the defense to challenge the array of the jury. McGrath asked Carchidi, "What was that?" All Rights Reserved. Nor do we believe that the failure to introduce these alleged inconsistent statements from the interview constituted ineffective stewardship. Scorseses movie touches on those issues but focuses primarily on the Hoffa hit. 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. Hoffa became obsessed with saying of his former flunky and successor, Frank Fitzsimmons "It's not his union, it's my union.". Only when one of the parties is aggrieved by the order of the hearing court may the case be taken to an appellate court and then only by the traditional avenues of appeal. See 446 Pa. at 431-440, 286 A.2d 898. 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. [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. 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." 121 and 122, Judgments of sentence affirmed. In this case, the pyramiding of inferences, many of which were of dubious probability in the first place, made impermissible a finding by the jury that, beyond a reasonable doubt, Sullivan committed the crimes charged. 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.

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