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Date: 12-01-1980
Case Style:
Case Number: 397 Pa. Superior Ct. 265
Judge: Not Available
Court: Court of Common Pleas, Philadelphia County, Pennsylvania
Plaintiff's Attorney: Philadelphia County Pennsylvania District Attorney's Office
Defendant's Attorney: John F. Stullmun on appeal.
Description: When Justice Went to Hell - Philadelphia, Pennsylvania criminal defense lawyer represented the Plaintiff who was charged with first-degree murder.
"William Franklin, was arrested because of an incident involving the murder of Joseph Hollis and the attempted murder of John Pickens. The facts adduced at trial, which were set forth by the lower court in an opinion filed May 24, 1983, may be summarized as follows. The relevant crimes were committed during a meeting on October 22, 1976 which occurred between two rival syndicates engaged in illegal narcotics operations, the "North Philadelphia" and "West Philadelphia" groups. The purpose of the meeting allegedly was to reconcile differences between the two syndicates which had arisen two days earlier when Hollis insulted Alfred Clark, the leader of the North Philadelphia organization, by questioning his credentials as a "real gangster" and slapping him in the face with a gun.
The meeting on October 22, 1976 was attended by approximately ten people. During the meeting, appellant and Major Tillery, a member of the North Philadelphia syndicate, drew weapons from underneath a pool table and shot Hollis and Pickens; Hollis died as a result of the shooting. Emmanuel Claitt, also a member of the North Philadelphia group, testified that he had no prior knowledge of the shooting and that he was standing by the door during the meeting to prevent anyone from entering or leaving. Based on information supplied by Claitt, appellant was arrested four years later. Claitt's evidence was given in return for leniency from the Commonwealth relating to other open cases.
Following a trial which began on December 1, 1980, a jury found appellant guilty of first degree murder,[2] possession *270 of instruments of crime generally,[3] criminal conspiracy,[4] and aggravated assault.[5] Appellant's post-verdict motions were filed and argued by trial counsel. Subsequently, appellant raised allegations of ineffectiveness and new counsel assumed representation. Appellant was given additional time to file and brief post-trial motions nunc pro tunc. However, following a second hearing, all of appellant's post-verdict motions were denied. On July 7, 1982, appellant was sentenced to serve life imprisonment for the murder conviction, concurrent terms of five (5) to ten (10) years for criminal conspiracy and two and one-half (2 1/2) to five (5) years on the weapons charge, as well as a consecutive term of five (5) to ten (10) years for aggravated assault. "
Emmanuel Claitt, who would later tell the trial court that he saw Tillery kill Hollis and Franklin wound Pickens.
Outcome: Following a trial which began on December 1, 1980, a jury found appellant guilty of first degree murder, possession of instruments of crime generally,[3] criminal conspiracy, and aggravated assault.
The conviction was affirmed by the Supreme Court of Pennsylvania in 1990.
Defendant's conviction was overturned in 2023, when the only witness recanted his testimony.
Plaintiff's Experts:
Defendant's Experts:
Comments: