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Commonwealth v. Brown4/29/2005
matter of law.
Mr. Justice Eakin joins this concurring opinion.
DISSENTING OPINION
MR. JUSTICE SAYLOR
I respectfully dissent, as I would remand to the PCRA court for an evidentiary hearing on the Appellant's capital, post-conviction petition. In accordance with the Post-Conviction Relief Act, Appellant provided the PCRA court with a series of declarations, including that of his trial counsel, to the effect that:
I was shocked by the jury's guilt-phase verdict and I had not done any preparation for the penalty phase of the case. . . . I had no strategic or tactical reason not to adequately prepare for penalty phase.
I failed to interview any witness about any aspect of Mr. Brown's mental health or upbringing. I was aware of Mr. Brown's obsession with space and space travel but it did not occur to me to consult with a mental health expert. I have reviewed the affidavits submitted in this case that chronicle Mr. Brown's history of mental problems, the abuse and neglect he received when he was young, his bipolar disorder and organic brain damage. Had I known such information, I would have presented it to the jury. . .. I had no strategic or tactical reason for failing to investigate, develop, or present this compelling evidence concerning Mr. Brown's background, life history, and mental illness.
Appellant also presented a corroborating declaration from an attorney who was appointed as associate counsel:
[Lead counsel] was not prepared for the fact that this was a capital case. For example, on July 2, 1991, six days before trial, he indicated to me by letter that he was not sure whether the Commonwealth was going to ask for a death-qualified jury. [Lead counsel] did no penalty phase preparation prior to the guilt-stage verdict. After the guilt-stage verdict, he urged people who were in the courtroom to testify on [Appellant's] behalf, but he did not conduct any interviews or ask anyone about [Appellant's] background. Similarly, he asked [Appellant's] girlfriend, Harriet Carter, to write down every good thing that she could think about him. He did not inquire about his background, childhood or his mental health. There was no strategic or tactical reason not to investigate [Appellant's] history and background.
Nor did [lead counsel] contact any mental health experts. There were several indications that [Appellant] was mentally ill. For example, [Appellant] was obsessed with space travel and signed his letters to me and [lead counsel] with "stardate." Similarly, in several interviews with the police, witnesses indicated that [Appellant] acted very strange.
I have reviewed affidavits submitted in this case that chronicle [Appellant's] history of mental problems, the abuse and neglect he received when he was young, and his bipolar disorder and organic brain damage. Had I known of such information, I would have urged [lead counsel] to present it during the penalty phase. It would have greatly strengthened Appellant's penalty phase defense and explained to the jury the circumstances surrounding the crime. There was no strategic or tactical reason for failing to investigate, develop, or present this compelling evidence concerning [Appellant's] background, life history, and mental illness.
Further, as alluded to in the declarations of counsel, Appellant also furnished the court with an attestation from a psychiatrist to Appellant's suffering from major mental health impairments as of the time of the commission of his offenses, including bipolar disorder and organic brain damage; a report of a neuropsychologist describing impairing effects of Appellant's asserted mental health defic
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