Commonwealth v. Widmer
120 A.3d 1023
Pa. Super. Ct.2015Background
- Appellant George Widmer was charged with burglary, criminal trespass, possession of an instrument of crime, theft, and criminal mischief; tried and convicted by a jury and sentenced to 54–120 months' incarceration.
- During plea negotiations, Widmer gave a sworn proffer admitting to multiple burglaries in exchange for the Commonwealth recommending a 10–20 year sentence and not filing ~32 additional charges.
- The ADA twice informed Widmer (in counsel’s presence) that statements made during the proffer would be used against him if he did not proceed with the plea.
- Widmer later withdrew from the plea agreement; the Commonwealth introduced his proffered admissions in its case-in-chief through the trooper who attended the proffer.
- Widmer moved in limine to exclude the proffer under Pa.R.E. 410; the trial court admitted the statements, and Widmer appealed, arguing the statements could only be used for impeachment if he testified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statements made during plea discussions (Pa.R.E. 410) may be admitted in the Commonwealth’s case-in-chief when the defendant agreed during plea bargaining that such statements could be used if he withdrew from the plea. | Commonwealth: waiver permitted; Widmer agreed as a condition of the bargain that his proffer could be used at trial if plea not completed. | Widmer: Rule 410 protects proffer statements from use in the Commonwealth’s case-in-chief; at most statements could be used to impeach if he testified. | Court held waiver of Pa.R.E. 410 was knowing and voluntary; statements admissible in Commonwealth’s case-in-chief per the plea condition. |
Key Cases Cited
- Commonwealth v. Byrne, 833 A.2d 729 (Pa. Super. 2003) (statutory rights may be knowingly waived in plea bargaining; waiver upheld where central to plea agreement)
- United States v. Mezzanatto, 513 U.S. 196 (1995) (a defendant may validly waive the exclusionary protections for statements made in plea negotiations absent evidence the waiver was involuntary)
- Commonwealth v. Stutler, 966 A.2d 594 (Pa. Super. 2009) (inadmissibility of statements during plea discussions ordinarily mandated under Pa.R.E. 410)