Com. v. Thomas, K.
Com. v. Thomas, K. No. 1613 MDA 2016
| Pa. Super. Ct. | Mar 10, 2017Background
- Kellis A. Thomas was arrested after a controlled buy and charged with possession/delivery of cocaine based on York County Drug Taskforce investigation.
- Officer Jason Gracey participated in the operation and was mentioned in witness testimony at trial.
- After day one, Juror #369 told TIP staff she was distantly related to Officer Gracey (husband’s cousin’s husband); juror had not reported this on voir dire when asked about "close" relationships.
- Defense asked the trial court to remove the juror; the court questioned Juror #369 in open court, who repeatedly said the relationship would not affect her impartiality.
- The trial court denied removal; the jury convicted Thomas and he was sentenced to 33 months to 6 years imprisonment. Thomas appealed, arguing presumed juror bias required removal or mistrial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a juror’s disclosure of a distant familial relationship with a police officer involved in the case required removal or a mistrial | Thomas: familial relationship creates a presumption of bias and trial court’s brief inquiry was insufficient; removal or mistrial required | Commonwealth: relationship was not "close"; voir dire had asked about close relations and juror did not disclose; court only needed to ensure juror’s impartiality and juror affirmed impartiality | Court affirmed: relationship was not sufficiently close to trigger presumption of bias; trial court did not abuse discretion in refusing to remove juror or declare mistrial |
Key Cases Cited
- Commonwealth v. Kelly, 134 A.3d 59 (Pa. Super. 2016) (purpose of voir dire is to secure an impartial jury)
- Commonwealth v. Colon, 299 A.2d 326 (Pa. Super. 1972) (two situations for sustaining challenge for cause: presumed bias from close relationship or shown bias from answers/conduct)
- Commonwealth v. Colson, 490 A.2d 811 (Pa. 1985) (decision to disqualify lies within trial court discretion; non-close relationships reviewed for abuse of discretion)
- Commonwealth ex rel. Fletcher v. Cavell, 149 A.2d 434 (Pa. 1959) (remote familial relationships are not per se disqualifying when juror assures lack of prejudice)
- Commonwealth v. Stamm, 429 A.2d 4 (Pa. Super. 1981) (juror related to police prosecutor insufficient for presumption of bias)