Commonwealth v. Stenhach
514 A.2d 114 (1986) 356 Pa. Super. 5 (1986)
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Rule of Law:
Criminal statutes prohibiting hindering prosecution or tampering with evidence are unconstitutionally overbroad when applied to criminal defense attorneys because they criminalize conduct protected by the constitutional rights of a defendant and fail to provide clear notice of what conduct is prohibited.
Facts:
- Richard Buchanan was arrested and charged with first degree murder.
- Buchanan retained George and Walter Stenhach, public defenders, as his counsel.
- During a confidential conference, Buchanan told his attorneys and their investigator, Daniel Weidner, that he had struck the victim with a rifle, causing the stock to break off, and described where he disposed of it.
- Following Buchanan's directions, the Stenhachs sent Weidner to retrieve the rifle stock.
- Weidner found the broken rifle stock and delivered it to the Stenhachs' law office.
- The Stenhachs stored the rifle stock in a desk drawer for approximately five months, believing its disclosure was prohibited by the attorney-client privilege.
Procedural Posture:
- Richard Buchanan was tried for murder and convicted of third degree murder.
- During Buchanan's trial, the judge ordered George and Walter Stenhach to produce the rifle stock, which they did.
- After Buchanan's conviction, the prosecutor charged the Stenhachs with hindering prosecution and tampering with physical evidence in a Pennsylvania trial court.
- A jury convicted both attorneys of hindering prosecution and tampering with evidence.
- George Stenhach was also convicted of solicitation, and Walter Stenhach was convicted of conspiracy.
- The trial court sentenced each to twelve months of probation and a $750 fine.
- The Stenhachs (appellants) appealed their convictions to the Superior Court of Pennsylvania.
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Issue:
Are Pennsylvania's statutes against hindering prosecution and tampering with physical evidence unconstitutionally overbroad when applied to criminal defense attorneys who temporarily withhold physical evidence obtained as a result of a confidential client communication?
Opinions:
Majority - Hester, J.
Yes, the statutes are unconstitutionally overbroad as applied to criminal defense attorneys. While a defense attorney has an affirmative duty to deliver physical evidence of a crime to the prosecution, the statutes criminalizing hindering prosecution and tampering with evidence are unconstitutionally overbroad when applied to defense counsel. The court reasoned that the literal language of these statutes prohibits conduct that is constitutionally protected under the Fourth, Fifth, and Sixth Amendments, such as maintaining client confidences. Because the statutes provide no clear line between permissible advocacy and criminal behavior, they do not give fair notice to attorneys of what conduct is unlawful and invite arbitrary enforcement, thereby violating due process.
Analysis:
This decision establishes a significant protection for criminal defense attorneys in Pennsylvania by invalidating the application of general obstruction-type statutes to their unique professional role. It carves out an implicit exception for defense lawyers, recognizing that a literal application of these laws would conflict with their constitutional duties to provide effective, confidential counsel. The ruling highlights the tension between an attorney's role as a zealous advocate for the client and an officer of the court, ultimately prioritizing the protection of a defendant's constitutional rights by demanding greater clarity in statutes that might chill vigorous legal representation. This case will likely force legislatures to draft more specific statutes addressing the conduct of defense attorneys regarding physical evidence, rather than relying on general-purpose criminal laws.
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