Com. v. Beattie, K.
Com. v. Beattie, K. No. 135 EDA 2016
| Pa. Super. Ct. | Aug 15, 2017Background
- Kevin Beattie pleaded guilty to arson and conspiracy for burning a playground; sentenced to 11.5–23 months plus five years’ probation and paroled Sept. 2013.
- While on probation, Beattie was arrested in June–July 2015 on assault- and terroristic-threat-related charges; Commonwealth requested a revocation (Daisey Kates) hearing before trial on the new charges.
- At the July 28, 2015 revocation hearing, two sisters (Kathleen and Regina Foland) testified they received threatening Facebook messages and photos of Beattie pointing a gun from an account using the name “Randy Orton.”
- Beattie denied sending the messages, admitted unauthorized travel to New Hampshire while on probation, and tested positive for THC (from a marijuana brownie).
- The trial court found the Commonwealth’s testimony credible, revoked probation, and later sentenced Beattie to 3–6 years’ imprisonment; Beattie appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission/authentication of Facebook messages | Commonwealth: messages were properly authenticated by witness testimony and admissible under party-opponent exception | Beattie: messages were unauthenticated hearsay and could have been created by someone else | Court: admission proper; circumstantial evidence authenticated messages and they were admissible under Pa.R.E. 803(25) and revocation hearing standards |
| Sufficiency of evidence to revoke probation | Commonwealth: threats, gun photos, unauthorized travel, and positive THC test showed probation failed to rehabilitate/deter | Beattie: evidence insufficient (argument undeveloped on appeal) | Court: issue waived for inadequate briefing; even on merits, evidence supported revocation |
| Timing of revocation hearing before trial on new charges (Daisey Kates) | Commonwealth: may hold revocation hearing before trial so long as factual evidence beyond arrest is presented | Beattie: trial court erred by holding revocation hearing prior to trial | Court: waived by failure to object; even if preserved, lawful to hold revocation hearing before trial and Commonwealth presented requisite factual evidence |
Key Cases Cited
- Commonwealth v. Collins, 957 A.2d 237 (Pa. 2008) (circumstantial authentication can suffice for written/electronic evidence)
- In re F.P., 878 A.2d 91 (Pa. Super. 2005) (electronic messages may be authenticated by contextual circumstantial evidence)
- Commonwealth v. Weiss, 81 A.3d 767 (Pa. 2013) (voluntary extrajudicial statements admissible against a party)
- Commonwealth v. Castro, 856 A.2d 178 (Pa. Super. 2004) (probation revocation hearings are flexible and less strict than trials)
- Commonwealth v. Kates, 305 A.2d 701 (Pa. 1973) (trial court may hold probation revocation hearing before trial on new charges)
- Commonwealth v. Brown, 469 A.2d 1371 (Pa. 1983) (discusses deferral or advance revocation hearings relative to trial)
- Commonwealth v. Fleeger, 437 A.2d 60 (Pa. Super. 1981) (revocation requires evidence beyond mere arrest)
- Commonwealth v. MacGregor, 912 A.2d 315 (Pa. Super. 2006) (revocation is committed to trial court discretion)
- Commonwealth v. Infante, 888 A.2d 783 (Pa. 2005) (probation violation shown where conduct indicates probation failed to rehabilitate or deter)