Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County at No. 174-178 February Term, 1984.
Joseph P. Grimes, Philadelphia, for appellant.
Leonard Deutchman, Assistant District Attorney, Philadelphia, for Com., appellee.
Cirillo, President Judge, and Rowley and Hoffman, JJ. Hoffman, J., concurs in the result.
[ 364 Pa. Super. Page 454]
We are presented, in this appeal, with the question of whether the conduct of the police in making available to the accused, who is in their custody, the unrequested opportunity
[ 364 Pa. Super. Page 455]
to consult with a law student, who everyone mistakenly believes to be a lawyer, invalidates the accused's subsequent waiver of her Sixth Amendment right to counsel.*fn1
This appeal arises from incidents occurring on November 16, 1983. That afternoon, Mrs. Schumacher, a 68 year old woman, was found by her son stabbed, approximately 90 times, to death in their home. The same day, upon conducting an investigation, the Philadelphia Police learned that Charles Schumacher, the victim's son, had had an association with appellant. Appellant had occasionally solicited sex from Mr. Schumacher. Three weeks prior to the murder of Mrs. Schumacher, appellant had gone to the Schumacher house to solicit sex from Mr. Schumacher. He had declined, but agreed to go to the local speakeasy to purchase beer for her. Appellant was left alone with Mrs. Schumacher. Appellant then took from Mr. Schumacher's closet a briefcase containing a Magnum .357 firearm and $160. Appellant told Mrs. Schumacher that Mr. Schumacher had asked her to watch the briefcase for him. Appellant then left. Thereafter, when Mr. Schumacher returned home, he notified the police of the theft and appellant was quickly apprehended. Mrs. Schumacher was the only eyewitness to the theft and had given a statement to the police implicating appellant.
On the evening of the murder, two detectives went to appellant's home where she lived with her mother, Mrs. Granger, and two sisters. At that time, Mrs. Granger had already heard about the Schumacher murder. Mrs. Granger voluntarily admitted the detectives into her home. Appellant was not present then but had stopped home earlier that day. The detectives asked Mrs. Granger to walk through the house. Though the detectives did not have a
[ 364 Pa. Super. Page 456]
search warrant, Mrs. Granger consented. In the bedroom which appellant shared with her two sisters, the detectives observed a pair of blood-soaked blue jeans on an ironing board ...