Com. v. Krupp D.
Com. v. Krupp D. No. 2892 EDA 2016
| Pa. Super. Ct. | Aug 4, 2017Background
- Donna Marie Krupp intentionally set fire to her next-door neighbors’ house on December 4, 2014; the home was destroyed and a cat died.
- Motive: Krupp was angry after learning her son would not be released from jail; she blamed Detective Ernie Morris (a neighbor) and law enforcement for the son’s arrest.
- Surveillance video showed a person matching Krupp approach the Morris home from Krupp’s direction, ignite porch decorations with an extended-wand lighter, then return toward Krupp’s house.
- A warrant search of Krupp’s home recovered two extended-wand lighters and clothing similar to that in the video; soot/ash (amorphous carbon) was found on a sweatshirt.
- Krupp was convicted by a jury of multiple arson-related offenses, causing a catastrophe, cruelty to animals, and related counts; she was sentenced to consecutive prison terms and probation, and ordered to pay restitution.
- On appeal Krupp challenged the admission at trial of roughly two dozen instances of alleged prior bad acts/motive testimony under Pa.R.E. 404(b); the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of ~24 instances of prior bad-acts/motive testimony under Pa.R.E. 404(b) | Commonwealth: evidence was admissible to prove motive/intent and was highly probative | Krupp: testimony constituted improper prior-bad-acts evidence and was unfairly prejudicial under Pa.R.E. 404(b) | Court: Claims waived for failure to preserve in Rule 1925(b); alternatively, evidence was admissible as motive and probative value outweighed prejudice |
Key Cases Cited
- Commonwealth v. Witmayer, 144 A.3d 939 (Pa. Super. 2016) (standard of review for evidentiary rulings)
- Commonwealth v. Castillo, 888 A.2d 775 (Pa. 2005) (issues not raised in a Rule 1925(b) statement are waived)
- Commonwealth v. Travaglia, 28 A.3d 868 (Pa. 2011) (jury presumed to follow limiting instructions)
- Commonwealth v. Wanner, 158 A.3d 714 (Pa. Super. 2017) (Rule 1925(b) specificity requirement)
- Commonwealth v. Sauers, 159 A.3d 1 (Pa. Super. 2017) (failure to make timely, specific objection results in waiver)