Commonwealth v. Scott
146 A.3d 775
| Pa. Super. Ct. | 2016Background
- Early-morning burglary alarm at Rice Elementary on Jan. 13; business manager chased an intruder from inside the school.
- Officers found ransacked offices/teachers’ lounge, removed window screens, and a damaged locked door indicating forced entry.
- Surveillance video captured an intruder who resembled Jason David Scott and showed the intruder smoking a cigarette.
- A cigarette butt recovered outside a rear window tested positive for traces of Scott’s DNA.
- Scott was tried by jury (burglary, criminal trespass) and bench (criminal mischief), convicted on all counts, and sentenced to 2½ to 10 years plus restitution and costs.
- Scott appealed, arguing insufficient evidence linking him to the crimes and prosecutorial misconduct in closing (implying he failed to produce alibi witnesses).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to identify defendant as intruder | Commonwealth: video plus DNA on cigarette butt supports conviction | Scott: video not conclusive, no fingerprints, mother offered alternative explanation for cigarette (past visits) | Evidence sufficient; factfinder could credit surveillance and DNA and reject alibi explanation |
| Prosecutor’s closing argued defendant didn’t present alibi witnesses — mistrial? | Commonwealth: comment highlighted weakness of defense alibi and responded to defense closing | Scott: comment improperly shifted burden and suggested duty to produce alibi witnesses | No abuse of discretion; comment was fair response to defense and trial court’s instructions cured any prejudice |
Key Cases Cited
- Commonwealth v. Britton, 134 A.3d 83 (Pa. Super. 2016) (sufficiency-review standard)
- Commonwealth v. Jaynes, 135 A.3d 606 (Pa. Super. 2016) (standard for prosecutorial-misconduct review)
- Commonwealth v. Rios, 721 A.2d 1049 (Pa. 1998) (defendant entitled to fair, not perfect, trial)
- Commonwealth v. Fletcher, 861 A.2d 898 (Pa. 2004) (prosecutorial comments require reversal only if they create fixed bias)
- Commonwealth v. Burno, 94 A.3d 956 (Pa. 2014) (presumption that juries follow court instructions)