Commonwealth v. Watson
69 A.3d 605
| Pa. Super. Ct. | 2013Background
- Officer McKellar used a confidential informant to purchase drugs from Appellant at 3236 W. Fontain Street on Jan 19, 2010; four blue-capped vials of crack cocaine were recovered from the informant.
- Two days later, on Jan 21, 2010, police executed a search warrant at the boarding house and observed Appellant discard nine clear vials of crack cocaine under a parked car; four more gray-capped vials were recovered inside the residence.
- Appellant was charged with possession with intent to deliver a controlled substance (PWID) and possession of a controlled substance; he moved to compel disclosure of the informant’s identity, which was denied on Nov 30, 2010.
- A bench trial on May 2, 2011 resulted in convictions for PWID on the sale to the informant and possession of the vials found, with a not guilty on conspiracy; aggregate sentence was three years’ probation after waiving a presentence report.
- On timely appeal, Appellant challenges the trial court’s ruling denying disclosure of the confidential informant’s identity, arguing materiality and reasonableness under Rule 573 and misidentification defenses; the standard of review is abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disclosure of informant identity | Appellant argues informant identity is material to his misidentification defense. | Commonwealth contends privilege and Rule 573 balance weigh against disclosure. | No abuse; nondisclosure proper. |
Key Cases Cited
- Commonwealth v. Bing, 551 Pa. 659 (1998) (confidential informant privilege; threshold materiality and reasonableness required)
- Commonwealth v. Roebuck, 545 Pa. 471 (1996) (informant identity privilege; balancing after materiality shown)
- Commonwealth v. Marsh, 606 Pa. 254 (2010) (disclosure threshold lacking where defense lacks material support)
- Commonwealth v. Carter, 427 Pa. 53 (1967) (Roviaro framework; balancing test for informant disclosure applicable)
- Roebuck (cited as above), 681 A.2d 1279 (1996) (source of privilege discussion and balancing approach)
- Commonwealth v. Washington, 63 A.3d 797 (Pa. Super. 2013) (abuse-of-discretion standard for informant-disclosure rulings)
- Roviaro v. United States, 353 U.S. 53 (1957) (federal framework for informant disclosure balancing)