Commonwealth v. Bryant
57 A.3d 191
| Pa. Super. Ct. | 2012Background
- In 2005, R.M. began living in Philadelphia with D.B., and in 2006, when R.M. was 13 and Appellant was 34, he touched her sexually on five occasions when they were alone in the home.
- R.M. kept a diary starting at age 12; March 2006 diary entries described the misconduct, with a later April 17, 2007 entry; a cousin found the diary and reported it to D.B.
- D.B. informed A.J., a sergeant in the Philadelphia Police Department, and SVU received the diary; R.M. initially did not want to discuss the incidents.
- On February 9, 2011 Appellant elected jury trial and was convicted of EWOC and Indecent Assault; sentencing occurred April 26, 2011, with 3–6 years for EWOC and no further penalty for Indecent Assault.
- Appellant appealed on two main grounds: diary-page admissibility under Rule 106 and the weight/sufficiency of EWOC evidence; the court affirmed the judgment.
- During the appeal, the court discussed preservation of the diary-issue, Rule 106 purposes, and extended EWOC duty to non-relatives; it found sufficient evidence of a duty and liability despite arguments about residency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of other diary pages under Rule 106 | Bryant seeks admission of additional diary pages | Commonwealth argues proper exclusion | No reversible error; other pages not necessary for fair understanding |
| EWOC evidence sufficiency and weight | Sufficiency/weight challenges; diary context irrelevant | Sufficient evidence; diary context not required | Weight claims waived; sufficient evidence supported EWOC conviction |
| Duty of care for EWOC extended to non-relatives | Appellant not a caregiver; no duty | Duty extends to non-relatives with supervisory role | Sufficient evidence of duty; conviction affirmed |
Key Cases Cited
- Commonwealth v. Simmons, 541 Pa. 211 (1995) (admissibility of evidence; abuse of discretion standard)
- Commonwealth v. Stallworth, 566 Pa. 349 (2001) (relevance and probative value of evidence)
- Commonwealth v. Passmore, 857 A.2d 697 (Pa. Super. 2004) (Rule 106 used to avoid misleading impressions)
- Commonwealth v. Pahel, 456 Pa. Super. 159 (1997) (three-part EWOC duty test)
- Commonwealth v. Cardwell, 515 A.2d 311 (Pa. Super. 1986) (background for EWOC duty analysis)
- Commonwealth v. Brown, 721 A.2d 1105 (Pa. Super. 1998) (duty extended beyond custodial relationships)
- Commonwealth v. Trippett, 932 A.2d 188 (Pa. Super. 2007) (EWOC duty in same house regardless of relation)
- Commonwealth v. Vining, 744 A.2d 310 (Pa. Super. 1999) (EWOC duty via caregiver role; non-relative)