International Brotherhood of Teamsters Local 107 (JDM Materials Company That book revealed that Hoffa had snitched to the FBI on Teamster President Dave Beck to help send Beck to prison and Hoffa into the Marble Palace. 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. 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. We disagree. This one is worth reading. Allen to murder former Local 107 member Robert (Big Bobby) Marino on Feb. 3.1976. See Commonwealth v. Sullivan, 446 Pa. 419 286 A.2d 898 (1969). *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. Moldea thinks Sheeran embellished the story by making himself the trigger man, but that otherwise there's a lot to learn from the book. should not be resorted to where the witness can clearly convey the facts to the jury without their use." Your Rights; The Benefits of Being A Teamster; . 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. 1501-06, mandate that the hearing court initially decide a petitioner's claim. As a subscriber, you have 10 gift articles to give each month. The other new tidbit is a Detroit home address where Sheeran says the Teamster president was killed. v. COMMONWEALTH of Pennsylvania, Appellant, The Commission report points to meetings at Vesuvios Restaurant in New York where Bufalino, accompanied by Sheeran, met to discuss mob business. 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. See also, Commonwealth v. Robinson, 433 Pa. 88, 249 A.2d 536 (1969); Commonwealth v. Boden, 399 Pa. 298, 307-308, 159 A.2d 894, 899 (1960). PO Box 10128 | Detroit, MI 48210 | (313) 842-2600 | [emailprotected], Teamsters Rank and File Education and Legal Defense Foundation, PO Box 10303 | Detroit, MI 48210 | (313) 842-2615 | [emailprotected], Copyright 2015 | All Rights Reserved. [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. Safe Jobs Now! To preserve these articles as they originally appeared, The Times does not alter, edit or update them. 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. Moreover, we note the affidavit of Mr. Walsh which stated that he understood that Sullivan was being held for action by the grand jury. During this brief conversation, Gregory Carchidi, another janitor, entered the conference room. . [1] The six justices of this Court who heard appellant's first appeal were evenly divided on the issue of the sufficiency of the evidence to support conviction. Joe Pesci played Bufalino in The Irishman and may have given the best performance of any of the actors in the star-studded cast., capturing the quiet power and confidence of the Scranton-Wilkes Barre mob leader. Its action in so doing, while undoubtedly taken with the best of intention, was clearly ultra vires under the circumstances.[15]. One of the situations frequently recurring in PCHA proceedings is the inability of the Commonwealth to prove that a defendant-petitioner has been advised of his right to file post-trial motions, Commonwealth v. Norman, 456 Pa. 252, 318 A.2d 351 (1974), of his right to appeal the judgments of sentence against him, Commonwealth v. Mumford, 430 Pa. 451, 243 A.2d 440 (1968), and of his right, if indigent, to the services of legal counsel on appeal without cost to himself, Commonwealth v. Sprangle, 442 Pa. 271, 275 A.2d 114 (1971); Douglas v. California, 372 U.S. 353, 83 S. Ct. 814, 9 L. Ed. The next photograph is a close-up of the victim's right shoulder taken from the rear, revealing *194 a bullet hole to the upper right arm and also shows the victim's chin, mouth, right breast, and right arm stained with blood. 1502. [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. Appellant's co-defendants, tried separately, were both acquitted. Janda was shot six times, Gorey three times, all at close range. And no way was the body driven back to New Jersey and buried in a landfill, as some have speculated. Full text is unavailable for this digitized archive article. *190 O'BRIEN, J., joins in this concurring and dissenting opinion. His credibility was suspect, as was his character. In appeals at Nos. Arraignment for both was set for Oct. 4. These several contentions were considered by this Court and dealt with in detail in the opinion in support of the order affirming the judgments of sentence. The evidence presented at trial, viewed in the light most favorable to the Commonwealth, was as follows: The bodies of John Gorey and Rita Janda were discovered on June 18, 1966, in Gorey's office in the Headquarters of Teamsters Union Local 107. Francis Joseph Sheeran (October 25, 1920 - December 14, 2003), also known as "The Irishman", was an American labor union official and enforcer for Jimmy Hoffa and Russell Bufalino.He was accused of having links to the Pittston crime family in his capacity as a high-ranking official in the International Brotherhood of Teamsters (IBT), the president of Local 326. The ostensible purpose for their introduction was to support and clarify the pathologist's testimony as to the cause of death. Local 107 Store Office Phone # is 215-552-0070 (ext. In a concluding paragraph it was suggested that the evidence of the Commonwealth "is not as a matter of law sufficient to sustain a verdict of guilty of murder in the first degree." Brady, supra requires the prosecution to furnish the defense evidence on *164 demand which would tend to exculpate him or reduce the degree of penalty. . 75 (1937); Commonwealth v. Rife, 454 Pa. 506, 510-11, 312 A.2d 406, 408 (1973). 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. I have viewed these slides. The indictment was sealed until the men had been arrested on bench warrants. 2d 811 (1963). Those photographs which were introduced to show the jury the nature and extent of the wounds were completely unnecessary because the pathologist's testimony provided the jury with that information. Head of Teamster Local And ExOfficial Indicted, https://www.nytimes.com/1979/09/26/archives/head-of-teamster-local-and-exofficial-indicted.html. The one thing that their introduction accomplished, however, was to assure that no jury would return a verdict of not guilty. Thus, the evidence was 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. 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 . 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." Moreover, the proper test to be applied by a trial court in determining the admissibility of photographs in homicide cases is whether or not the photographs are of such evidentiary value that their need clearly outweighs their likelihood of inflaming the minds and passions of the jurors. 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." 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. However, appellant was the only known person on the second floor whose whereabouts were unaccounted for during the shootings. 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. We got critical information about the contract campaign and how we could get involved. (1965) 1580, 2, 3, 19 P.S. [23] I note with interest the following statement by present counsel for Mr. Sullivan at the conclusion of the post-conviction proceedings before Judge Doty: "Ms. Gelb (addressing the court): We consulted with Mr. Sullivan and he has agreed that there is no need for oral argument. In such cases the post-conviction court recognizes the right of the defendant to an appeal, and to that end allows the filing and arguing of post-trial motions with the same effect as though this had been done in a timely fashion ("nunc pro tunc"). 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. While adopting Sheerans questionable account, The Irishman also offers some snapshots of the Philadelphia underworld in the 1970s. See also Commonwealth v. Wilmer, 434 Pa. 397, 254 A.2d 24 (1969). [6] The original petition under the PCHA was filed October 30, 1973. We felt that such photographs were highly inflammatory. 1975). The fact that a guy like Sheeran was chosen to head one of the new locals put the lie to the reform effort. Find Your Local Teamsters LU No 2. It is appellant's position that he was prevented from learning of this information until after the close of the trial and therefore precluded from subpoenaing the detective as a defense witness. You kill somebody, you want to get as far away from the body as quickly as you can, he said. Gorey had been shot four times and Janda six times, the shots being fired from close range. 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. F. Emmett Fitzpatrick, Dist. See Commonwealth v. McNeill, 462 Pa. 438, 341 A.2d 463, 465 (1975). [13] For cases in which this Court has held that counsel on appeal has failed to meet the standards of effective appellate representation, see Commonwealth v. Stone, 437 Pa. 496, 264 A.2d 406 (1970); Commonwealth v. Haywood, 436 Pa. 522, 261 A.2d 78 (1970); Commonwealth v. Stein, 436 Pa. 330, 260 A.2d 467 (1969); Commonwealth v. Trowery, 435 Pa. 586, 258 A.2d 499 (1969); Commonwealth v. Stancell, 435 Pa. 301, 256 A.2d 798 (1969). [1] Two others, Gregory Carchidi and Anthony DiPasquale, were also charged with the murders. The last of this group of photographs shows the left side of the victim's face, the left side of her neck and her right breast, indicating the blackened, swollen, left eye, blood flowing from the nose, and blood flowing from the left ear. - Leading city in street shootings and people stabbed in the street. POMEROY, Justice, concurring and dissenting. See also, Commonwealth v. Rogozinski, 387 Pa. 399, 402, 128 A.2d 28, 30 (1956). Home; Our History. Commonwealth ex rel. The only justification for a deviation from this practice is where the trial record is inadequate to provide a basis for a review of the claim or where the claim was not ruled upon by the trial court. Media & Press; Our Ads; Blog; About Us; Help Us / Union Profiles / Teamsters / Local 107 / Leaders, Employees, and Salaries *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. It also reveals the bullet wound to the left corner of the right eye, a mass of dried, caked blood in the hair just in front of the right ear, and blood staining the entire area of her cheek, forehead, and neck. In each of those cases, we independently determined that the brief or petition for allowance of appeal filed was inadequate and remanded the case to the Superior Court for the filing of a proper brief or petition. In concluding that the photographs at issue here were admissible for these purposes the majority overlooks our conclusion in Scaramuzzino that such slides ". While mob influence in the Teamsters (and in the USA overall) is lower today, the culture created then lives on inside much of the Teamsters. . More than 400 members of Teamsters Local 830 picketed for a 10th day outside of the Liberty Coca-Cola facility in Juniata Park. 455 Pa. at 383, 317 A.2d at 227. 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. What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? 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. In fact, her blouse is saturated with blood over the entire area of her chest. We therefore concluded that. Anyone can read what you share. Published by Statista Research Department , Jul 2, 2021. The last group consists of fifteen close-up photographs showing the victim, Janda's head and body in various positions. McGrath began cleaning the local's conference room. Dist. [22] The Third Circuit's Internal Operating Procedure B.3, entitled Suggested Criteria for application of Rule 12(6), states in part: "A. 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. Contact us for franchise opportunities. 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. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). After Carchidi again mentioned McGrath's cleaning, McGrath heard what sounded to him like a package of firecrackers going off sequentially. PDF Clipping from Philadelphia Daily News - Newspapers - Jerri Williams Commonwealth v. Breaker, supra; Commonwealth v. Wilson, 429 Pa. 458, 240 A.2d 498 (1968); Commonwealth ex rel. 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. Appeal number 127 is the Commonwealth's appeal from the order granting appellant a new appeal; appeal number 121 is Sullivan's direct appeal; appeal number 122 is Sullivan's appeal from the PCHA court's denial of *141 relief on other grounds. International Brotherhood of Teamsters Local 107 (JDM Materials Company (Eureka Stone Quarry, Inc. d/b/a JDM Materials Company) E-File Follow Case Number: 04-CB-084647 Date Filed: 07/05/2012 Status: Closed Location: Chester, PA Region Assigned: Region 04, Philadelphia, Pennsylvania Docket Activity Items per page 1 2 Next Last 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. Every prior case of this Court granting a new trial because of the admission of inflammatory photographs is sub silentio overruled by the majority's holding that the photographs admitted in this case do not warrant reversal. Mainly they kill mob insiders who they fear have information that may be used against them. The words refer to the splatter of blood when the deed is done. The court was unanimous in denying the motion in arrest of judgment; Judge Bradley noted his dissent from the order denying the motion for a new trial. 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. 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. 122 from denial of post-conviction relief) is devoted to five claims of ineffectiveness of trial counsel, claims which were denied by Judge Doty in the post-conviction proceeding. 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. At this time, both Sullivan and McGrath observed John Gorey and Rita Janda arrive at the union hall in Gorey's car and enter the building. As stated in appellant's brief, the statements related only to the question of Carchidi's guilt or innocence. Consequently, the fact of even division in the earlier appeal is not here material and is properly not adverted to in the majority opinion, although it was a factor which weighed with the PCHA court. In my personal judgment, the brief here in issue was just that. 2311(b), formerly Supreme Court Rule 71. To recapitulate, at No. Copyright 2020 JerseyMan Magazine. 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. We disagree. "I attended a UPS contract workshop that TDU held for members of my local. Although a period of 11 days elapsed between the inquest and the presentment, no challenge was made to the array of the jury nor did the defense attempt to delay the indictment for the purpose of interposing an objection. [8] The Commonwealth suggests that by allowing trial courts to grant new appeals upon finding ineffective assistance of appellate counsel, "every criminal defendant . It also shows the victim's ash blonde hair stained bright red by the blood. Similarly, had we deemed the brief in this case to be so inadequate as to preclude effective review we would not have hesitated to require the filing of a proper brief. In the instant case, Sullivan bases his claim of ineffective assistance of appellate counsel on two grounds: (1) the failure of counsel to file a brief in this Court and, (2) counsel's decision not to argue the case orally. Commonwealth v. Hudson, 455 Pa. 117, 124, 314 A.2d 231, 235 (1974); Commonwealth ex rel. In view of our agreement with the trial court that the statement was properly admitted on the ground of a declaration by a co-conspirator we need not consider the other bases offered by the trial judge to justify its introduction into evidence. FBI Agent Testimony Continues As John Dougherty, Bobby Henon - MSN 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. Moreover, one Joseph Vernick testified that he called Gorey's office at a specially arranged time but received no answer despite his repeated attempts between 7:15 and 8:15 P.M. . Indeed, such an assertion was totally without foundation, and was apparently persisted in because the filing of the brief was not shown in the docket entries of the Prothonotary of this Court. Mobsters killed Hoffa for sure, but Hoffa was a part of their operation. 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. [10] This conclusion is further compelled by the quality of the "briefs" filed in support of appellant's claims for relief. In the course of his chores, he entered the office in which Sullivan was seated. [12] The hearing court took this action, moreover, with the knowledge that the very points on which he based his decision had been made to this Court in the petition for reargument and rejected. The chief prosecution witness, one Francis McGrath was employed as a janitor at the union hall where the bodies were eventually discovered. The Deputy District Attorney, James D. Crawford, Esq., testified that he received his copy of the brief from Mr. Peruto's office; also that he was "with Mr. Peruto personally in the Supreme Court Prothonotary's office when they [the briefs of the parties] were filed, or when they had been filed. We will consider first the Commonwealth's appeal. [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. Crime & Corruption; Undemocratic Leaders; Unfair Labor Practices; Political Money; Union Profiles. 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. Within several minutes, the witness testified he heard sounds like firecrackers going off in rapid succession. She testified that the man who spoke to her identified himself as Gorey. I have viewed these photographs. In both shots fully one-half of the victim's face and neck is completely covered with blood. The Act thus makes no provision for the hearing of claims for PCHA relief in any court other than the court in which the judgment was originally entered. See Commonwealth v. Hauser, 450 Pa. 388, 299 A.2d 218 (1973); Commonwealth v. Tabb, 433 Pa. 204, 249 A.2d 546 (1968); Commonwealth v. Minnick, supra. 9-10. (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.). Additional testimony disclosed that the telephone lines had been arranged so that regular incoming calls would ring in the room in which appellant was seated. 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." 12275 Townsend Road Philadelphia PA, 19154. bhamilton@teamsters107.com. It represents truck drivers,. 1180-10 (Supp. POMEROY, J., files a concurring and dissenting opinion, in which O'BRIEN, J., joins. 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. John SULLIVAN. On the contrary, the record establishes that defense counsel learned of the interview with McGill during his cross-examination of McGrath. . Your Rights & FAQ; Union Decertification; Media & Ads. Nobodys driving a body six-hundred miles to bury it.. That "puffing" scared top mobsters; it made them think he would make a deal with the Justice Department. ROBERTS, Justice, concurring and dissenting. Plainly visible is a bullet hole in the middle of the forehead just above the eyebrows; a bullet wound in the corner of the left eye; blood coursing from the bullet wound of the forehead; blood coursing from the bullet wound of the eye; blood, dried and caked in layers coursing from the nose; blood flowing from the right ear; the entire collar and part of the shoulder of the shirt stained and splattered with blood; blood flowing from a bullet wound in the abdominal area just to the left of the navel; *192 and a bullet wound just to the left and above the navel. Here, the Commonwealth relies totally on circumstantial evidence. 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. Those guys were tough. [3] In Commonwealth v. Dawson, the deceased had been bludgeoned and shot to death. I don't know whether they were filed at that date or filed a day or two before." I shot him with a .22 but that didnt seem to have any effect because he was a big man, Allen later testified. It adds some details and intimate connection to Hoffa that only an insider can provide. 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. Mr. Peruto, who served as co-counsel during trial and sole counsel before this Court, also had no recollection of a brief being filed. 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. 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. As previously noted, Carchidi was present in the building during the time of the incident. The majority asserts that appellant's offer to stipulate cannot deprive the Commonwealth of its right to prove its case by the most convincing evidence available. Restated, the facts and circumstances need not be absolutely incompatible with defendant's innocence, but the question of any doubt is for the jury unless the evidence "be so weak and inconclusive that as a matter of law no probability of fact can be drawn from the combined circumstances". 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. In Commonwealth v. Scaramuzzino, 455 Pa. 378, 317 A.2d 225 (1974), we noted that the practice of admitting photographs of the body of the decedent is to be condemned unless those photographs have essential evidentiary value. After John Sullivan had been convicted by a jury in 1967 of two counts of murder in the first degree for the deaths by shooting of John Gorey and Rita Janda, post-trial motions were filed and denied by a court en banc. [1], Sullivan's jury trial began on June 7, 1967. [18] The brief was prepared by Judge DiBona as a rough draft before he went on the bench and sent by him to his former co-counsel, Mr. Peruto, thereafter.