Com. v. Delmonico, M.
251 A.3d 829
Pa. Super. Ct.2021Background
- Police used a cooperating informant (C.I.) and controlled buys on July 17 and July 23, 2018; the C.I. returned methamphetamine after both buys and searches prior to and after the buys found no other contraband or the buy money.
- Surveillance by multiple PSP troopers tracked the C.I., Joshua West, and Appellant Mark Delmonico; officers observed meetings at Delmonico’s home and at a Turkey Hill where the C.I. received drugs.
- Joshua West (a participant facing charges) testified he obtained the methamphetamine from Delmonico and helped facilitate the two buys; the substances were laboratory-confirmed as methamphetamine.
- A jury convicted Delmonico of delivery, possession with intent to deliver, possession, paraphernalia, and conspiracy; he was sentenced to 2½ to 8 years’ imprisonment.
- Post-trial, Delmonico raised (1) a weight-of-the-evidence challenge targeting West’s credibility and inconsistencies and (2) a voir dire challenge alleging masks and social distancing during jury selection prevented assessment of juror demeanor; the trial court denied relief.
- The Superior Court affirmed, holding the jury was entitled to credit West and that pandemic-related masking/distancing (mandated by judicial emergency and local orders) did not undermine the purpose of voir dire.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether verdict was against the weight of the evidence | Commonwealth: testimony of multiple troopers corroborated West; physical evidence confirmed drugs | Delmonico: West was self‑serving, inconsistent, and unreliable so verdict shocks conscience | Trial court didn’t abuse discretion; jury could credit West; weight claim denied and conviction affirmed |
| Whether masking and social distancing during voir dire violated right to impartial jury | Commonwealth/Trial Ct: measures complied with Supreme Court emergency orders and CDC guidance; counsel could question and hear responses; questionnaires used | Delmonico: masks and spacing prevented assessment of juror demeanor and credibility, undermining voir dire | Trial court acted within discretion; pandemic safety measures reasonable and did not defeat voir dire’s purpose; issue denied |
Key Cases Cited
- Commonwealth v. Knight, 241 A.3d 620 (Pa. 2020) (describing voir dire’s sole purpose to empanel a fair, impartial jury)
- Shinal v. Toms, 162 A.3d 429 (Pa. 2017) (trial judge’s observation of juror demeanor is critical and entitled to great weight)
- Commonwealth v. Le, 208 A.3d 960 (Pa. 2019) (scope of voir dire is within trial court’s discretion, subject to fairness)
- Commonwealth v. Talbert, 129 A.3d 536 (Pa. Super. 2015) (standards for reviewing weight-of-the-evidence claims)
- Commonwealth v. Bachert, 453 A.2d 931 (Pa. 1982) (importance of the trial judge observing juror conduct and demeanor)
- In re Gen. Statewide Judicial Emergency, 228 A.3d 1281 (Pa. 2020) (Supreme Court authorization for district emergency actions during COVID-19)
- Friends of Danny DeVito v. Wolf, 227 A.3d 872 (Pa. 2020) (context for pandemic judicial measures)
- Commonwealth v. Collins, 70 A.3d 1245 (Pa. Super. 2013) (appellate courts will not reweigh credibility determinations)