Commonwealth v. Spell
28 A.3d 1274
| Pa. | 2011Background
- Death sentence imposed after jury convicted Spell of first-degree murder and abuse of a corpse; trial found one aggravator: murder by torture; conviction upheld but death sentence vacated and remanded for life imprisonment.
- Victim found nude in a park lot; missing since Feb 27, 2007; body sustained ten head/face lacerations and blunt force trauma; DNA and blood evidence linked Spell to the crime.
- DNA profiling matched Spell to the Virginia database; blood on clothing and tablecloth matched victim and Spell; evidence tied Spell to victim’s residence and van.
- Evidence included a couch cover, sequin, and clothing matching items found along a route between Spell’s home and workplace; Spell admitted to none of the victim’s encounters; no voluntary manslaughter instruction given.
- Court affirmed first-degree murder conviction but held the torture aggravator insufficiently proven beyond a reasonable doubt; vacated death sentence and remanded for life imprisonment; jurisdiction relinquished.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether torture constitutes a valid aggravating circumstance | Spell argues no duration or conscious pain shown | Commonwealth contends evidence shows conscious harm | Torture not proven beyond a reasonable doubt |
| Whether the photos of the victim were improperly admitted | Photos inflammatory and cumulative | Photos relevant to condition, injuries, and location | Admissible; court did not abuses discretion; mitigated by limiting instructions |
| Whether DNA expert reference to Virginia database constitutes improper prior bad acts evidence | Testimony implied defendant’s prior acts | No timely objection; waiver; not referenced to felon database | Waived; cannot merit reversal on this basis |
| Whether the trial court properly denied voluntary manslaughter instruction | Evidence may support provocation claim | No provocation evidence or cooling-off period | No evidence of provocation; instruction properly denied |
Key Cases Cited
- Commonwealth v. Brown, 605 Pa. 103 (Pa. 2009) (sufficiency of evidence for first-degree murder; standard of review)
- Commonwealth v. Montalvo, 604 Pa. 386 (Pa. 2009) (elements of first-degree murder; malice and intent)
- Commonwealth v. Pagan, 597 Pa. 69 (Pa. 2008) (concerning torturing aggravator; conscious victim)
- Commonwealth v. Pruitt, 597 Pa. 307 (Pa. 2008) (photographs' admissibility and relevance in homicide cases)
- Commonwealth v. Solano, 588 Pa. 716 (Pa. 2006) (photographs of homicide victims; two-step admissibility)
- Commonwealth v. Rush, 538 Pa. 104 (Pa. 1994) (photograph admissibility and non-cumulative testimony)