teamsters local 107 murdersst elizabeth family medicine residency utica, ny
612a]. (1965) 1580, 2, 3, 19 P.S. . Scorseses movie touches on those issues but focuses primarily on the Hoffa hit. 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. . In determining the sufficiency of the evidence the test is whether, accepting as true all of the evidence of the Commonwealth and all reasonable inferences arising therefrom, upon which, if believed, a finder of fact could properly have based its verdict, such evidence was sufficient in law to prove the elements of the crime in question beyond a reasonable doubt. There is however, absolutely no factual basis for this assertion. As Mr. Justice ROBERTS has well said in a similar context, "It is evident that the orderly administration of justice requires that a criminal controversy, like any other litigation, [must] some day come to an end." Thus, the only purpose to be served by the introduction of the remarks would have been to impeach McGrath's credibility as a witness in the eyes of the jury. See also, Commonwealth v. Rogozinski, 387 Pa. 399, 402, 128 A.2d 28, 30 (1956). Sullivan then left the room through the same door which Gorey had exited but Carchidi remained and seated himself behind the desk. Cinnaminson, NJ (March 23, 2021) - Workers at a branch of XPO Logistics in Cinnaminson, New Jersey who were subject to the monopoly union control of Teamsters Local 107 voted overwhelmingly to throw the union out of their workplace by a 16-2 vote. Further, he also attempted to convince McGrath to leave the premises and do the cleaning another day. 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. [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. *173 Furthermore, many of the inferences the Commonwealth urges that the jury could have drawn are either based on no evidence at all, or are so conjectural that they cannot support a conviction. 127 and appellees at Nos. *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. In Scaramuzzino we condemned introduction of the photographs because they showed various parts of the *197 victim's body with its heart having been removed by the pathologist. The issues Sullivan raised on his prior direct appeal were not so cognizable, being of non-constitutional dimension. 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. [3], Sullivan appealed to this Court and, because the Court was equally divided, the judgments of sentence were upheld. 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. 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. I have viewed these slides. Mr. Justice (now Chief Justice) Jones, Mr. Justice O'Brien, Mr. Justice Pomeroy were in support of affirmance of appellant's conviction. Sheeran makes very clear who their victims are: they kill their own. Shortly thereafter, Gorey appeared and had a brief conversation with McGrath. 1180-5(a) (Supp. Ready-Mix Teamsters. We disagree that the evidence adduced at trial by the Commonwealth, if believed, would not satisfy all elements of the crimes beyond a reasonable doubt. This evidence, coupled with the medical examiner's testimony, indicated that the time of death could have been approximately 7:15 P.M. At the close of the case-in-chief, no evidence was presented by the defense. *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. retain the opportunity of obtaining a whole new direct appeal via the Post Conviction Hearing Act." 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. It suggests that the appellate court can submit the case to a trial court for a factfinding hearing. The evidence further justifies an inference that Sullivan attempted to conceal his identity and presence by answering the telephone as "Gorey." Additional evidence of guilt may also be inferred from appellant's statements to police. Sheeran himself delivered a suitcase of money to the home of John Mitchell, the Attorney General who later went to prison himself for Watergate crimes. denied, 386 U.S. 1013, 87 S. Ct. 1361, 18 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. That petition squarely raised the issues of the ineffectiveness of appellate counsel and the denial of Sullivan's right of appeal. One of the judges dissented from the order denying the motions. The majority opinion here attempts to supply the "essential evidentiary value" required by Powell, supra, and Scaramuzzino, supra, by stating that the slides were "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." (1965) 1580, 19 P.S. 127, the Order of the Court granting leave to file a direct appeal to this Court is affirmed. 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." As previously noted, Carchidi was present in the building during the time of the incident. Commonwealth v. Frazier, 455 Pa. 162, 314 A.2d 16 (1974); Commonwealth v. Murray, 452 Pa. 282, 305 A.2d 33 (1973); Cf. And they show that his famous ego could be his weakness. Crime & Corruption; Undemocratic Leaders; Unfair Labor Practices; Political Money; Union Profiles. 121 and 122, pp. Mr. Chief Justice BELL and Mr. Justice EAGEN noted their dissents on the ground that the evidence was insufficient to convict. F. Emmett Fitzpatrick, Dist. and injuries which resulted in her death", we distinguished Commonwealth *196 v. Collins, 440 Pa. 368, 269 A.2d 882 (1970), stating that Collins, The prosecution in Scaramuzzino, on the other hand, had made no effort to limit the slides to those reasonably necessary to aid the pathologist's testimony, or to those in which excess blood had been removed. *198 In short, the photographs provided no information that could not have been amply supplied by other sources. These photographs are more gruesome than any other color slides or photographs which I have seen in any previous appeal before this Court. the *195 more inflammatory the photograph the greater the need to establish the essential evidentiary value." These slides were shown to the jury for a total time of eighteen minutes and twenty-seven seconds. While that forum is appropriate for most claims of ineffectiveness, nothing that I have seen indicates that the PCHA in Section 3(6), 19 P.S. Bail was set at $50,000 for Mr. Bottone and at $150,000 for Mr. Sheeran. Full text is unavailable for this digitized archive article. . After the sounds of the shootings he did not immediately depart the premises but remained in the conference room. [11], That, of course, was not the situation here, as Sullivan concedes. Everybody on Mulberry Street knew who shot Gallo, said the North Jersey mobster. On the evening of June 17, 1966, John Gorey, an officer of Teamsters Union Local 107, and his friend, Rita Janda, were fatally shot at the local union's Philadelphia office building. 121 except that the first two points of the original brief have been dropped. The Commonwealth established that two weapons had been used in the homicides, that the wounds inflicted were the cause of death, and that the time of death was sometime in the early evening of June 17, 1966. I would reverse the convictions and order appellant discharged. 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. [8] The Commonwealth suggests that by allowing trial courts to grant new appeals upon finding ineffective assistance of appellate counsel, "every criminal defendant . (Opinion of the Court, ante 472 Pa. at 145, 371 A.2d at 476). The murder weapons were never discovered and thus there was no evidence indicating that they had ever been in Sullivan's possession. The one thing that their introduction accomplished, however, was to assure that no jury would return a verdict of not guilty. 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. It is these latter two groups which are particularly objectionable here. For these reasons it was an abuse of discretion to allow them to be shown to the jury. And no way was the body driven back to New Jersey and buried in a landfill, as some have speculated. See Pa.R.Crim.P. Each of the slides was shown to the jury for approximately thirty seconds. Gorey had been shot four times and Janda six times, the shots being fired from close range. *189 As to the reason oral argument was waived, Mr. Sullivan testified that Mr. Peruto, his counsel, thought the case should not be argued for political reasons and to avoid a presentation to this Court, in the presence of the families of the victims, of the unpleasant details of the assassination-type killings here involved. *180 Appellant, through new counsel (who continues to represent him), then filed a petition for reargument. McGrath started to question Carchidi about the disturbance but was abruptly instructed to "Get out of the building and don't say nothing" (sic). Commonwealth v. Rightnour, 469 Pa. 107, 364 A.2d 927 (1976). However, the record reveals that at the time of the murder the doors to the building were unlocked, that at a time shortly after the shooting several persons were standing outside the building, and that persons could enter the building without being seen by McGrath. Nor do I agree that the "institutional capability" (opinion of the Court, ante, pp. Act of January 25, 1966, P.L. Here the Commonwealth concedes that the evidence did not foreclose the possibility of the participation of a third person to the shooting. Look, it was done in Detroit, he said. John SULLIVAN. It reveals the bullet wound to the right temple, with the blood that once flowed from it across the forehead now dried and caked. 2d 445 (1967). Local 107 (Philadelphia, Pa.) "Detectives seek clues on a roof of a Teamsters' Union headquarters at Front and Spring Garden sts., where the bodies of Mrs. Rita Janda and John Gorey were found in second-floor office." History notes. See brief of appellant at Nos. As previously noted, *166 the test for determining effectiveness of counsel is based upon the reasonableness of his representation at time of trial. When deciding a claim of ineffective appellate counsel, the hearing court must determine if the course chosen by counsel had some reasonable basis designed to effectuate his client's interests. Crime & Corruption; Undemocratic Leaders; Unfair Labor Practices; Political Money; Union Profiles. Murder probe leads to discovery of 'off grid' camp in Talladega forest, child with gun. Employer/Location Union Employees Date; Allied Building Products Corp (Phila Glenolden & Horsham PA) Glenolden, PA: IBT Local 107: 8: November 12th, 2010: MAC Steel Philadelphia, PA: IBT Local . 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. Nobodys driving a body six-hundred miles to bury it.. 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. (A) As previously indicated, a brief was filed on appellant's behalf. 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. Commonwealth v. Powell, 428 Pa. 275, 278-79, 241 A.2d 119, 121 (1968). Appellant was still seated by the window when McGrath entered that office. 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. Moreover, this opinion or comment was required to be fairly or temperately stated, clearly leaving the jury free to reach its independent conclusion. 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. 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. Very few persons exposed to full color slide photographs of blood smeared bodies, with bullet riddled faces, lying in literal pools of blood, could dispassionately decide whether the prosecution had sustained its burden of proving beyond a reasonable doubt that the perpetrator of such crimes was, in fact, the same man accused of committing them. Numerous other alleged errors of former counsel at trial, together with errors of the trial court, were also set forth as grounds for relief. See also, Commonwealth v. Tinsley, 465 Pa. 329, 350 A.2d 791 (1976); Commonwealth v. McIntyre, 451 Pa. 42, 47, 301 A.2d 832, 834 (1973). In determining whether appellate counsel was effective, the PCHA court passes not on our decision, but only on the conduct of the counsel who presented the appeal. [16] Commonwealth v. Cheeks, 429 Pa. 89, 239 A.2d 793 (1968), cited by the majority at 476, is inapposite to the peculiar facts of this case. I don't know whether they were filed at that date or filed a day or two before." 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. To each petition the District Attorney of Philadelphia County filed a responsive answer denying the material allegations. The last group consists of fifteen close-up photographs showing the victim, Janda's head and body in various positions. On the evening of June 17, 1966, John Gorey, an officer of Teamsters Union Local 107, and his friend, Rita Janda, were fatally shot at the local union's Philadelphia office building. We decline the Commonwealth's invitation to ignore the statute and existing practice and adopt a drastically new procedure. 9-10. 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). Counsel argued that he was entitled to be apprised of the contents of the memo but that the court denied the request. I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". EAGEN, J., dissents in the appeal docketed at No.