Com. v. Frick, B.
1424 MDA 2015
| Pa. Super. Ct. | Aug 19, 2016Background
- On April 12, 2014, Brandon D. Frick and two roommates confronted two visitors at an apartment; Frick opened a knife and stabbed victim Charles Adams in the back during a chase down stairs, causing a penetrating wound near the spine. Co-defendant William Stranburg was present.
- Commonwealth charged Frick with multiple offenses (aggravated assault, terroristic threats, PIC, simple assault, REAP); one aggravated-assault count was nolle prossed. A jury convicted Frick of simple assault and recklessly endangering another person (REAP).
- At trial Stranburg invoked his Fifth Amendment privilege and refused to testify when called by Frick; Frick sought to call many character witnesses but the court limited him to seven (six admitted).
- At sentencing the court applied a deadly-weapon enhancement (DWE/Used) based on Frick’s use of a knife and sentenced him to an aggregate 8 to 23.5 months.
- Frick filed post-sentence motions alleging prosecutorial misconduct (that the ADA induced Stranburg to plead the Fifth), challenging the DWE, and contesting the limitation on character witnesses. The trial court held an evidentiary hearing and denied relief; the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Frick) | Held |
|---|---|---|---|
| 1. Prosecutorial misconduct for inducing co-defendant to assert Fifth Amendment | ADA did not direct or induce Stranburg; trial and post-sentence testimony show Stranburg's counsel independently advised invocation | ADA Boob persuaded or directed Stranburg to plead the Fifth to deprive Frick of favorable testimony, violating due process and compulsory process; seeks retrial bar | Waived some procedural challenges; on merits Superior Court found no misconduct — record shows defense counsel advised invocation after Commonwealth declined to call Stranburg and no plea or inducement existed |
| 2. Deadly-weapon enhancement (knife qualifies) | The Commonwealth argued the knife was brandished, used in a chase and produced a penetrating wound close to vital structures — supports DWE/Used | Frick argued a pocketknife is not a deadly weapon and the enhancement was improper (and alternatively that DWE/Possessed, not Used, should apply) | DWE/Used validly applied: evidence supported use in a manner capable of causing death/serious injury; alternative DWE/Possessed argument waived for not being raised below |
| 3. Limitation on character witnesses | Commonwealth supported court’s discretion to limit cumulative character testimony | Frick argued exclusion of many character witnesses restricted his ability to present a full defense and was an abuse of discretion | No abuse of discretion: court reasonably limited cumulative testimony; six similar reputation witnesses were admitted and no prejudice shown |
| 4. Adequacy of trial court colloquy or legitimacy of Stranburg’s Fifth invocation | Commonwealth and Stranburg’s counsel maintained the invocation was legitimate and advised by counsel | Frick argued court failed to inquire into legitimacy and invocation was illegitimate | Claim waived for failure to contemporaneously object and for not raising in post-sentence filings; appellate court declined to reach merits |
Key Cases Cited
- Hoffman v. United States, 341 U.S. 479 (Sup. Ct.) (privilege against self-incrimination construed liberally)
- Kastigar v. United States, 406 U.S. 441 (Sup. Ct.) (scope of Fifth Amendment privilege protecting disclosures that could lead to prosecution)
- Commonwealth v. Fisher, 157 A.2d 207 (Pa.) (Fifth Amendment privilege is absolute and inviolable)
- Commonwealth v. Martorano, 741 A.2d 1221 (Pa.) (double-jeopardy bar where prosecutorial misconduct intentionally denies fair trial)
- Commonwealth v. Blake, 605 A.2d 427 (Pa. Super.) (deadly-weapon enhancement improper where knife not described and not used in lethal manner)
- Commonwealth v. Chapman, 528 A.2d 990 (Pa. Super.) (use of razor/knife during robbery can support DWE where it could cause serious injury)
- Commonwealth v. Walsh, 36 A.3d 613 (Pa. Super.) (trial court has discretion to limit cumulative witness testimony under Pa.R.E. 403)