Com. v. Sweeney, W.
2558 EDA 2015
| Pa. Super. Ct. | Oct 7, 2016Background
- William Sweeney posted a Craigslist ad seeking a sexual encounter; Sergeant Gary Smith (undercover, posing as “Sammy,” a 15‑year‑old boy) responded and exchanged emails/texts and photos with the account tied to the ad.
- The communications included explicit requests (e.g., requests for “cock pics,” offers of oral sex) and arranged a meeting at a local Vo‑Tech parking lot; Sweeney arrived and was detained by police.
- Sweeney admitted posting the Craigslist ad and exchanging emails but claimed he sought a “workout partner” and denied knowledge of messages indicating the other party’s age or sexual content.
- Forensic evidence tied the Craigslist post and the email account to a computer recovered from Sweeney’s residence; the ad’s Craigslist ID matched the email exchange.
- A bench trial convicted Sweeney of multiple counts: criminal attempt (sex offenses), criminal solicitation (various sex offenses involving a person under 16), unlawful contact with a minor, and criminal use of a communication facility; aggregate sentence 3–6 years plus probation.
- Post‑trial Sweeney challenged sufficiency and weight of the evidence, moved to exclude the Craigslist ad, and contested the Commonwealth’s use of two witnesses under Pa.R.E. 404(b).
Issues
| Issue | Commonwealth's Argument | Sweeney's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempt (IDSI) and substantial step | Email exchanges, explicit sexual requests, photos, arranging/attending meeting, and forensic link to Sweeney’s computer prove intent and substantial step | Lacked proof of specific intent for IDSI and no substantial step toward committing the offense | Court: Evidence sufficient; intent and substantial step proven beyond reasonable doubt; conviction affirmed |
| Weight of the evidence | Circumstantial and forensic evidence collectively support the verdict; credibility issues do not overturn verdict | Evidence contradictions and expert report cast doubt; verdict against weight of evidence | Court: Trial judge, as factfinder, reasonably weighed evidence; verdict not against weight; claim denied |
| Admissibility/authentication of Craigslist ad (Rule 901 / hearsay) | Ad authenticated by Sgt. Smith’s screenshot testimony; admitted not for truth of ad but to explain police conduct | Contended ad not authenticated by Craigslist and hearsay | Court: Properly authenticated by witness with personal knowledge; admissible for non‑hearsay purpose (to explain officer’s conduct) |
| Admissibility/use of 404(b) evidence (two witnesses) | 404(b) notice provided to show intent; pretrial judge allowed limited use; evidence probative of intent | Evidence prejudicial; some statements by absent declarants; prior instances unreliable | Court: Trial court ultimately found the witness testimony irrelevant/unreliable and disregarded it; any error harmless in bench trial; 404(b) ruling not reversible error |
Key Cases Cited
- Commonwealth v. Smith, 853 A.2d 1020 (Pa. Super. 2004) (distinguishing sufficiency and weight standards)
- Commonwealth v. Widmer, 744 A.2d 745 (Pa. 2000) (role of trial judge in weight‑of‑evidence review)
- Commonwealth v. Zingarelli, 839 A.2d 1064 (Pa. Super. 2003) (substantial‑step test for attempt)
- Commonwealth v. Chmiel, 889 A.2d 501 (Pa. 2005) (out‑of‑court statements admissible to explain police conduct)
- Commonwealth v. Crabill, 926 A.2d 488 (Pa. Super. 2007) (attempt liability where defendant took substantial step)
- Commonwealth v. Jacob, 867 A.2d 614 (Pa. Super. 2005) (attempt and substantial step principles)
- Commonwealth v. Paschall, 482 A.2d 589 (Pa. Super. 1984) (limits on inferences from circumstantial evidence)
- Commonwealth v. Hairston, 84 A.3d 657 (Pa. 2014) (harmless‑error framework)
- Commonwealth v. Wright, 961 A.2d 119 (Pa. 2008) (harmless error doctrine)