Com. v. Pickett, A., Com. v. Pickett, A. No. 3484 EDA 2015

On October 4, 2011, a multi-weapon shooting at 8th Street and Indiana Avenue killed three bystanders and wounded a fourth; ballistic evidence showed fire from three guns (AK-47, .40, 9mm).
Curtis McKnight, a surviving victim, gave a brief on-scene statement to Sergeant Bennett and later provided two formal statements; in the second statement (Feb. 21, 2012) he identified Appellant Arlando Pickett from a photo array after detectives learned of Khalil Irby.
Investigators conducted controlled drug buys from Pickett in Sept. and Nov. 2011; police executed a warrant at 2854 Opal Street (a suspected cookhouse) and arrested co-defendant Andrew Johnson.
Johnson provided proffers to prosecutors claiming he overheard Pickett and others discuss retaliatory plans (including use of an AK-47) tied to a prior shooting, supplying a motive for the October 2011 attack.
Pickett was indicted on multiple counts (including three counts of first-degree murder); he moved to suppress the photo identification, moved for expert eyewitness testimony, and sought to exclude prior bad-act/drug evidence; the trial court admitted some prior-bad-act evidence and denied suppression.
After a jury trial in October 2015, Pickett was convicted on all counts and sentenced to three consecutive life terms; he appealed raising (1) prosecutor reference to Irby and related testimony, (2) denial of a continuance to substitute counsel of choice, and (3) admission of drug/prior-bad-act evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Prosecutor’s opening reference to Khalil Irby and related testimony	Commonwealth: opening and testimony recounted investigation steps; admissible as non-hearsay/course of investigation	Pickett: reference and testimony injected hearsay and prejudicial identification-source evidence	Waived on appeal for failure to object timely; alternatively admissible as non-hearsay/course-of-investigation — no abuse of discretion
Denial of continuance to allow counsel of choice (Gregory Pagano)	Pickett: denial violated Sixth Amendment right to counsel of choice; requested substitution shortly before trial	Commonwealth/Trial Court: matter had been pending ~3 years; multiple continuances previously granted to defendant; request was dilatory and would clog court calendar	Denial not an abuse of discretion; right to counsel of choice not absolute; trial court properly balanced defendant’s request against state interest in timely administration of justice
Admission of evidence of drug activity and co-defendant’s proffers	Commonwealth: drug evidence and Johnson’s testimony were probative of motive, plan, credibility, and provided the ‘‘complete story’’ (res gestae)	Pickett: prior-bad-act/drug evidence was impermissible propensity evidence and unfairly prejudicial	Trial court did not abuse discretion; evidence was probative of motive/plan and admissible under 404(b)/res gestae with probative value outweighing prejudice

Commonwealth v. Sanchez, 82 A.3d 943 (Pa. 2013) (objection to opening/closing must be specific and raised promptly to preserve claim)
Commonwealth v. Savage, 157 A.3d 519 (Pa. Super. 2017) (standard of review for evidentiary rulings — abuse of discretion)
Commonwealth v. Schoff, 911 A.2d 147 (Pa. Super. 2006) (abuse of discretion defined)
Commonwealth v. Levanduski, 907 A.2d 3 (Pa. Super. 2006) (abuse of discretion discussion cited)
Commonwealth v. Prysock, 972 A.2d 539 (Pa. Super. 2009) (denial of continuance and counsel-of-choice analysis)
Commonwealth v. Robinson, 363 A.2d 665 (Pa. 1976) (right to counsel of choice not absolute; must be balanced against public interest in prompt justice)