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COMMONWEALTH of Pennsylvania v. James TAYLOR, a/k/a Alonzo Robinson, Appellant

Supreme Court of Pennsylvania1975-03-18No. No. 19
460 Pa. 616334 A.2d 261

Summary

Holding. The judgment of sentence is reversed and a new trial is awarded because references to police photographs of the defendant at trial allowed reasonable jurors to infer prior criminal activity without adequate explanation from the prosecution that the photographs were unrelated to such activity.

James Taylor was convicted by jury of aggravated robbery, assault with intent to kill, and related firearms offenses. The trial court initially granted his motion for a new trial based on two references to police photographs of the appellant made during trial—once in the prosecutor's opening statement and again during the victim's cross-examination. The Superior Court reversed that decision, finding any error harmless, but this Court granted review.

The central question was whether mentioning police photographs of the defendant was sufficiently prejudicial to warrant a new trial. Under Commonwealth v. Allen, such references become prejudicial error when a reasonable juror could infer that the defendant engaged in prior criminal activity. Here, both references—the prosecutor's statement that an officer "had been carrying his picture around" while knowing the defendant was "wanted" in connection with the robbery, and the victim's testimony that a detective "brought the photos" for identification—would allow reasonable jurors to draw such an inference. The Commonwealth made no attempt to explain that possession of the photograph was unrelated to prior criminal conduct, as required by Allen.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether references to police photographs constitute prejudicial error
  • What inferences a reasonable juror may draw from photographic evidence
  • Whether the prosecution must explain the context of police possession of defendant's photograph
  • Application of the harmless error doctrine in photograph reference cases

Procedural posture

After conviction and sentencing, the trial court granted a new trial motion; the Superior Court reversed; this Court granted allocatur and reviewed the prejudicial effect of photographic references made during trial.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

OPINION OF THE COURT

PER CURIAM.

Appellant, James Taylor, a/k/a Alonzo Robinson was adjudged guilty by a jury of aggravated robbery, assault with intent to kill, wantonly pointing a firearm, carrying concealed deadly weapons, and a violation of the Uniform Firearms Act. Post-trial motions in arrest of judgment and for a new trial were filed and on the basis of two references during trial to “photographs” of appellant, the trial court granted appellant’s motion for a new trial. The Superior Court reversed the grant of a new trial, holding that the error (testimony referring to photographs of appellant) was harmless. Commonwealth v. Robinson, 221 Pa.Super. 167, 288 A.2d 921 (1972). This Court denied allocatur on June 5, 1972. Appellant, on remand, was then sentenced on July 7, 1972, to a four to ten year term of imprisonment. The Superior Court affirmed (obviously on the basis of its prior decision) in an opinionless per curiam order. Commonwealth v. Taylor, 223 Pa.Super. 726, 296 A.2d 60 (1972). We granted allocatur.

The principal issue involved in the instant appeal is whether references by the prosecution (in its opening address) and a victim (on cross-examination) to police photographs was sufficiently prejudicial to warrant the grant of a new trial. Specifically, appellant argues that he is entitled to a new trial on the basis of Commonwealth v. Allen, 448 Pa. 177, 292 A.2d 377 (1972).

During trial, there were two specific photographic references. In his opening address to the jury, the Assistant District Attorney stated:

“Now it just so happened that Mr. Watts had seen the defendant on other occasions and Watts also happened to be an off-duty police officer and he knew his name. So he supplied the police with the name of the defendant.

Anyway, at this point the police had been supplied with the name of the defendant. They know who they are looking for. Now Officer Bums recognizes the defendant, he’s been carrying his picture around with him and knows that he’s wanted in connection with this tap room robbery.” (Emphasis added).

The other reference was on cross-examination of Mr. Watts (the victim) and was as follows:

“By Mr. Fitzpatrick (counsel for defendant)

Q. Officer Watts, you said that the interview took place inside your home at approximately what time?

A. Approximately 11:00 o’clock I would imagine.

Q. Are you sure it didn’t take place inside the 35th District at 11:00 o’clock?

A. That’s correct. I was at the District during the interview and at home when he brought back photos. He brought the photos to me to look at and identified the defendant from the photos. (The reference to the ‘he’ brought the photos for Officer Watts to look at was to the detective assigned to the case.)” (Emphasis added).

As this Court recently held in Commonwealth v. Allen, supra at 181-82, 292 A.2d at 375:

“[A]fter a reference to a photograph the controlling question is whether or not a juror could reasonably infer from the facts presented that the accused had engaged in prior criminal activity. * * * * once it is determined that a jury could reasonably conclude from the photographic reference prior criminal activity on the part of the defendant prejudicial error has been committed.”

From the two statements made at trial (referring to photographs of appellant), we conclude that “a juror could reasonably infer . . . that the accused had engaged in prior criminal activity.” At trial, the Commonwealth made no attempt to explain that police possession of appellant’s photograph was “. . . unrelated to any . . . prior criminal activity.” Commonwealth v. Allen, supra at 181, 292 A.2d at 375. As mandated by Commonwealth v. Allen, supra, appellant is entitled to relief.

The judgment of sentence is reversed and a new trial awarded.

JONES, C. J., and POMEROY, J., concur in the result.

. In both instances, at side bar, defense counsel objected and asked for a mistrial.