Commonwealth v. Windslowe
158 A.3d 698
| Pa. Super. Ct. | 2017Background
- Appellant Padge Victoria Windslowe (aka "Lillian") performed illegal buttocks injections using industrial-grade silicone (Xiameter) and homemade "hydrogel," represented herself as medically trained, and concealed her identity and operations.
- In November 2010 and February 7, 2011, Windslowe injected Claudia Aderotimi with large volumes of silicone; Aderotimi developed acute respiratory distress and died hours later; autopsy showed silicone in multiple organs and a silicone pulmonary embolism (homicide).
- Multiple eyewitnesses saw Windslowe inject Aderotimi; she left the hotel after Aderotimi complained of chest pain and later ceased communications when informed of the death.
- Prior and subsequent victims: Melissa Lisath (2008) suffered severe illness and coma after injections; Sherkeeia King (2012) suffered permanent heart and lung damage after injections and survived.
- Law enforcement seized injection supplies, Xiameter packaging and lab-tested silicone at Windslowe’s residences; Windslowe testified she had informal training, denied knowing injections could be fatal, admitted using aliases and shipping supplies, and admitted injecting the victims.
- Jury convicted Windslowe of third-degree murder, aggravated assault, and possession of instruments of crime; sentencing to 10–20 years plus probation. Windslowe appealed raising sufficiency/weight of evidence, 404(b) evidence admission, and denial of mistrial after a mid-trial hospitalization.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Windslowe) | Held |
|---|---|---|---|
| Sufficiency of evidence for third-degree murder (malice) | Evidence (autopsy, eyewitnesses, industrial silicone, concealment, prior victim) shows reckless disregard and malice. | Lack of proof of malice; conduct at worst "stupid" not showing extreme indifference to human life. | Affirmed: circumstantial and direct evidence supported malice and conviction. |
| Weight of the evidence (third-degree murder) | Jury verdict reasonable given totality of evidence; no trial-court abuse in denying new trial. | Verdict against weight; evidence tenuous and requires reweighing. | Denied: trial court properly exercised discretion; verdict did not shock conscience. |
| Admissibility of prior-bad-act evidence (Lisath) under Pa.R.E. 404(b) | Prior injury to Lisath probative of knowledge/state of mind; limited purpose instruction given. | Evidence unfairly prejudicial and lacked sufficient connection to mental state at time of death. | Admitted: probative value outweighed prejudice; cautionary instruction minimized risk. |
| Motion for mistrial after appellant’s hospitalization during trial testimony | Proceeding was appropriate because treating physician cleared appellant and she agreed to continue; no prejudice shown. | Appellant unable to continue; testimony resumed while impaired, warranting mistrial. | Denied: no medical proof she could not continue; she agreed and completed cross-examination without complaining. |
Key Cases Cited
- Commonwealth v. Tukhi, 149 A.3d 881 (Pa. Super. 2016) (standard for sufficiency review; circumstantial evidence may sustain conviction)
- Commonwealth v. Fisher, 80 A.3d 1186 (Pa. 2013) (third-degree murder requires malice, not specific intent to kill)
- Commonwealth v. Thompson, 106 A.3d 742 (Pa. Super. 2014) (definition and inference of malice from recklessness and totality of circumstances)
- Commonwealth v. Ludwig, 874 A.2d 623 (Pa. 2005) (distinguishing drug delivery resulting in death; sale of drugs alone insufficient to prove malice)
- Commonwealth v. Sherwood, 982 A.2d 483 (Pa. 2009) (framework for admissibility and balancing of prior bad acts under Rule 404(b))