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Commonwealth v. Boczkowski3/23/2004
mmonwealth's witnesses testified exclusively about Elaine's death in North Carolina, while a number of the witnesses who testified regarding Maryann's murder also testified about Elaine's murder. Appellant calculates that "fifty-two percent" of the Commonwealth's witnesses testified in whole or in part about Elaine's death. Given the limited purpose of the evidence to refute any claim that Maryann's death was accidental, appellant argues that the cumulative evidence "inflamed, overwhelmed and confused" the jury. Brief of Appellant, p. 61. The sheer volume of the testimony concerning Elaine's death was, according to appellant, an abuse of the trial court's discretion.
The Commonwealth counters that the testimony of all of the witnesses was within the parameters of the Superior Court's decision, which permitted the Commonwealth to introduce in its case-in-chief the evidence concerning appellant's marriage to Elaine, the circumstances surrounding her death, and appellant's arrest in connection with Elaine's death. A review of the trial testimony indicates that it was, indeed, limited to the areas of inquiry authorized by the Superior Court and was neither cumulative nor excessive. The trial court did not abuse its discretion by permitting the Commonwealth to introduce the precise evidence that the Superior Court order contemplated. Moreover, as noted above, the court's repeated cautionary charges concerning the limited purpose of the evidence served to minimize any potential for unfair prejudice.
Appellant makes a related claim that the trial court abused its discretion in permitting testimony exceeding the scope of the evidence deemed admissible by the Superior Court. Appellant argues that notwithstanding the Superior Court order, the trial court retained the obligation to exercise discretion regarding the evidence permitted at trial, to ensure its relevancy and probative value. Appellant claims that the trial court improperly admitted testimony from various witnesses that was cumulative and which essentially re-tried appellant for the North Carolina murder of Elaine during his Pennsylvania trial. For example, appellant points to witnesses Richard and Nancy Babica, Marianne Rochford, and Police Officer Brenda Vance as providing cumulative testimony regarding the circumstances of Elaine's death. A review of their testimony, however, illustrates that appellant gave inconsistent versions of how he discovered Elaine in the bathtub. Therefore, their testimony was not cumulative.
Appellant also objects to the testimony of Dr. Deborah Radisch, who performed Elaine's autopsy in 1990; North Carolina's Chief Medical Examiner Dr. Joseph Butts, who reevaluated the autopsy results just prior to appellant's arrest in 1994; and Officer Judith Jacobs Hellier, who photographed appellant's scratches and bruises on the day of Elaine's death. The testimony of Drs. Radisch and Butts was not cumulative. In 1990, Dr. Radisch was unable to assign a cause of death, but in 1994, upon reevaluation, Dr. Butts determined that Elaine's death was caused by asphyxiation with aspiration of gastric contents due to chest compression and that the manner of death was homicide. To the limited extent that their testimony overlapped, the repetition was necessary to highlight the differing interpretations of Elaine's injuries. Accordingly, their testimony was not cumulative. Officer Hellier testified very briefly to her observation of scratches, bruises and swelling on appellant's arms and hands immediately after Elaine's death. Because appellant suffered similar injuries on the night of Maryann's death, Officer Hellier's testimony was relevant.
Appellant also complains that the testimony of Christine Cheek regard
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