Commonwealth v. Savage
157 A.3d 519
| Pa. Super. Ct. | 2017Background
- Appellant Damon Savage is the victim’s father who lived with his girlfriend Diana Bennett and shared custody with the victim’s mother.
- On Oct. 22, 2014, the nine‑month‑old victim suffered facial injuries from severe slaps to the left side of the face.
- Savage initially told police the victim was hurt from a fall off a bed and was alone with the victim.
- Medical staff, including Dr. Adelaide Eichmann, concluded the injuries were non‑accidental and consistent with abuse.
- CYS investigator Brittany Liptak collected statements from HB, Bennett’s son, who supported the assertion the mother was with the victim, not Savage.
- Savage was convicted at trial of aggravated assault of a child under 6, simple assault, endangering the welfare of a child, and reckless endangerment, and sentenced to 6 to 20 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of CYS Report under business records | Savage argues the CYS report is a valid business record. | State contends the HB statements are not within the business record exception since they originate outside CYS. | Court held CYS report portions containing HB statements are inadmissible hearsay; business records exception not satisfied. |
| Complete Story exception applicability | CYS report should be admitted under the complete story exception to fill gaps. | No puzzle to complete; complete story exception not applicable here. | Court affirmed exclusion; complete story exception not applicable. |
| Impeachment and admissibility of HB testimony | Savage sought to impeach HB and call him as a witness. | HB had recanted; trial court ruled lack of personal knowledge and hostility issues. | Issue deemed waived on direct appeal; the court affirmed without relief for this argument. |
Key Cases Cited
- Commonwealth v. Simmons, 548 A.2d 284 (Pa. Super. 1988) (business-records reliability, hearsay exceptions for underlying statements)
- Commonwealth v. Yarris, 731 A.2d 581 (Pa. 1999) (hearsay rule and exceptions, including business records)
- Commonwealth v. Sanchez, 610 A.2d 1020 (Pa. Super. 1992) (double hearsay and necessity of independent exception)
- Commonwealth v. Simmons, 548 A.2d 284 (Pa. Super. 1988) (reiterated principles on hearsay and business records)
- Commonwealth v. Levanduski, 907 A.2d 204 (Pa. Super. 2006) (complete story exception not applicable where no res gestae purpose)
- Commonwealth v. Mayhue, 639 A.2d 421 (Pa. 1994) (res gestae and complete story exception framework)
- Commonwealth v. Schoff, 911 A.2d 147 (Pa. Super. 2006) (evidence rules governing admissibility of reports and statements)