PA Superior Court: Defendant May Be Ordered to Remove Non-Prescription Glasses During Trial

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Pennsylvania Superior Court has decided the case of Commonwealth. v. Ellis, holding that the trial court did not violate the defendant’s Fifth Amendment rights by ordering him to remove his non-prescription glasses during trial. The Court found that the trial court’s order did not require the defendant to testify or give evidence against himself. The Superior Court also found sufficient evidence to affirm the conviction for murder.

The Facts of Ellis

In Ellis, the defendant was charged with attempting to rob a gas station in York, Pennsylvania. Prosecutors alleged that he shot and killed the gas station attendant during the attempted robbery. The shooting was captured by the gas station’s surveillance cameras, but the footage was too blurry to clearly identify the defendant from his face. Two ex-girlfriends, however, testified that they recognized the person on the camera footage as the defendant based on his distinctive coat, sneakers, and build. He also got rid of the clothes and the murder weapon by throwing those items in the river, he shaved his facial hair, and he attempted to wear non-prescription glasses at trial. The jury could not reach a verdict at the first trial, so the trial resulted in a mistrial. Prosecutors retried the defendant, and he was convicted.

During the second trial, the defendant attempted to wear non-prescription glasses. The trial court ordered him to remove the glasses so the jurors could better see his face, and the defense objected. The defense argued that requiring him to remove the glasses was the same as requiring him to testify against himself or give evidence against himself in violation of the Fifth Amendment. The trial court overruled the objection and required him to remove his glasses. The jury ultimately convicted, and the defendant appealed.

The Superior Court’s Ruling

The Superior Court affirmed the conviction. First, with respect to the sufficiency of the evidence claim, the Court concluded that the combination of surveillance footage, witness testimony, and Ellis’s own actions in getting rid of his clothes and gun after the murder established guilt beyond a reasonable doubt. Second, with respect to the Fifth Amendment issue, the court found that the removal of the glasses did not constitute testimonial evidence and thus did not violate his rights. The Court reasoned that that physical or demonstrative evidence, such as appearance alterations, did not fall under the Fifth Amendment’s protection against self-incrimination. The defendant was not required to testify or say anything to incriminate himself; he was only required to show the jury his face without fake glasses on it. The Court found that this action was not protected by the Fifth Amendment.

The Takeaway

This case is not particularly controversial, but it does show the impact that getting rid of evidence or a defendant attempting to change their appearance can have at trial. Getting rid of clothing and a weapon made the defendant look particularly guilty, and insisting on wearing fake glasses likely did not help his case, either. In these types of cases, the Commonwealth can actually seek a jury instruction under which the trial judge will instruct the jury that the destruction of evidence or decision to change one’s appearance can be considered as evidence of guilt against the defendant. Further, the Fifth Amendment generally only protects a defendant from having to speak with the police or testify; it does not allow a defendant to shield their appearance from the view of the jurors.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.