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COMMONWEALTH PENNSYLVANIA v. BEN SADUSKY (11/22/76)

decided: November 22, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
BEN SADUSKY, APPELLANT



Appeal from the Judgment of Sentence Imposed by the Court of Common Pleas of Schuylkill County at No. 356 A of 1972. (September) No. 412 October Term, 1976.

COUNSEL

Wallace C. Worth, Jr., Allentown, for appellant.

Richard B. Russell, District Attorney, Tremont, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Van der Voort and Spaeth, JJ. Watkins, President Judge, did not participate in the consideration or decision of this case. Price, J., was absent. Spaeth, J., concurs in the result.

Author: Hoffman

[ 245 Pa. Super. Page 449]

In May, 1974, after a trial by a jury, appellant was found guilty of two counts of conspiracy, the first count, charging a conspiracy to violate the bidding requirements of the County Code;*fn1 the second count, charging a conspiracy to obtain money from Schuylkill County by fraudulent pretenses.*fn2 The jury acquitted appellant on the substantive charges of larceny and receiving stolen goods.*fn3 Appellant attacks his conviction on four grounds: first and second, that the verdict of guilty on both conspiracy counts was against the weight of the evidence; third, that the court erred in denying his motion for a mistrial when it learned that the daughter of one of the jurors worked in the District Attorney's office; the fourth, that the court erred when it allowed the prosecutor to show the jury the work product of one of the prosecution witnesses, which showed the excessive hours billed by appellant.

[ 245 Pa. Super. Page 450]

The factual history of the instant case, as evolved at trial, is tortuous. The appellant was the operator of a small contracting business in Schuylkill County. Appellant was indicted on July 10, 1972, the charges arising out of work performed by appellant on Rest Haven Home and Hospital, the County Home in Schuylkill County, from May, 1969, until October, 1971.

Prior to appellant's initial employment by the County, the Rest Haven Home had fallen into a state of disrepair. Wilson Lord, an assistant superintendent at the Home, testified that in 1969, the roof in the main building of the facility was in bad condition and that the Home had applied six months earlier to the Orwigsburg Roofing Company to do the repairs. He stated further that ". . . we had a very bad leak; it was coming in the downspouting. We were trying to get [another contractor] up, and he never came up. So then one day, Mr. Bambrick said that we got to get that roof. . . .

"Q. Identify Mr. Bambrick.

"A. He was the maintenance chief. He said that we got to get that roof fixed. . . . He said, I had a contractor at my house working now; and he said, he was talking to him about doing this roof work, and he does it. He said, if we could get a hold of him and get him down here, we could get this thing cleared up. I said, who is he. He said, Ben Sadusky [appellant]. So I called up Mr. Johnson.*fn4 I said, Elmer, we can get this roof fixed fast by a contractor; he said who is he. I told him. He said, do you know him? I said, no I don't know him. So he said, you get a hold of him and find out when he could start and do it."

[ 245 Pa. Super. Page 451]

After repairing the roof, appellant undertook additional work at the Home. It is uncontested that appellant performed emergency work on a number of occasions:*fn5

"Q. [by the District Attorney] Then you weren't given [supervision of the work done] as one of your ...


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