Response in Opposition to the Commonwealth's Motion to Vacate

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185. Mr. Draper testified that Ms. Foulkes was not truthful when she testified she did not haveinformation from him that the relationship was the reason for the offense. NT 9/24112 am at 30-31.Judge Sarmina found Mr. Draper's testimony to be credible and provided multiple bases forher conclusion. NT 9/28112 at 18, 19. Judge Sarmina found prosecutor Foulkes' testimony to benot credible in several respects. rd. at 39-45. Judge Sarmina found, inter alia, Ms. Foulkes "attimes, play[ ed] games and took unfair measures to win"; "was not candid with the Court" during Mr.Williams' trial; and exhibited "gamesmanship" evidencing that "she wanted to win and she had noproblem disregarding her ethnical obligations." rd. at 39-45.Fifth, Judge Sarmina found that prosecutor Foulkes suppressed exculpatory evidence fromMamie Norwood, the decedent's widow. Here again the Commonwealth "remov[ed] informationthat either directly or indirectly demonstrated that the victim was a homosexual ephebophiliac." rd.at 23. According to a June 1984 police activity sheet, Mrs. Norwood told policeabout a time in which she awoke at 2 A.M. to find a young, slim male standingsilently in the hallway of her home. Mrs. Norwood explained to police that herhusband woke her to ask her for money. She then watched as her husband loadedsome stereo equipment into his car, and then he got in and drove off with the youngman. Mrs. Norwood said that her husband returned home around 9 to 10:00 the nextmorning and told her a, quote, 'rambling' story about being abducted, but how hewas able to escape using psychology on the captors until they fell asleep. Mrs.Norwood remembered that he pleaded with her not to get the police involved.NT 9/28/12 at 25-26.The version of Mrs. Norwood's statement that was disclosed to the defense, however,"omitted this portion of her statement entirely." rd. at 26. Indeed, another handwritten note in Ms.Foulkes' Norwood file states "minister [i.e., Mr. Norwood]-one ofTerry'sjohns." PCRA HearingExhibit C-3; NT 9/20/12 pm at 142-143.28
There was additional undisclosed evidence of Mr. Norwood's homosexual ephebophilia, aswell as similar information regarding Herbert Hamilton, the decedent in the prior conviction usedas an aggravator against Mr. Williams at the penalty phase. Also, there are numerous undisclosedstatements from witnesses in the Hamilton case attesting to the sexually exploitive and physicallyaggressive behavior of Hamilton. Bernard Collins, an eighteen year-old, was interviewed by policein relation to the Hamilton murder. He informed police that Mr. Hamilton forced boys to have sexat his apartment. PCRA Hearing Exhibit P-13 at 3; NT 9/20/12 am at 152-53. Specifically, Mr.Collins told police that when he was fifteen or sixteen years old, he went to Mr. Hamilton's housewhere he was told to have sex with a man whose name Mr. Collins did not remember, and that Mr.Hamilton "would stand in the doorway and jerk-off and say things like 'suck that dick, bitch;' and,'Fuck that ass!'; and crazy things like that. He had a baseball bat and onetime I wanted to leave andhe said that he would get his baseball bat and hit me with it ...." Id. During the hearing, Ms. Foulkeswas asked whether she was aware of this information when she made her closing argument in theNorwood trial (which included her characterization ofMr. Hamilton as an innocent older man). NT9/20/12 am at 153-54. Judge Sarmina then engaged in the following exchange:THE COURT:THE WITNESS:From everything that you reviewed about Hamilton in that trial, allthe evidence that was collected from his room, etc., was your ultimateview that he was an innocent guy? I'm not saying he deserved to bekilled; I'm saying that he was an innocent guy?Well, he was certainly leading a deviant lifestyle, but there - theevidence in that case, other than Mr. Collins, was that his relationswith men as a homosexual were consensual. It was a deviantlifestyle, no question.29
Page 1: IN THE SUPREME COURT OF PENNSYLVANI
Page 4 and 5: testimony, the parties' written sub
Page 6 and 7: alia, the original trial and capita
Page 8 and 9: inappropriate in any case, but it i
Page 10 and 11: that Mr. Draper told the prosecutin
Page 12 and 13: The Commonwealth, citing Commonweal
Page 14 and 15: 1. Government interference.Mr. Will
Page 16 and 17: knowledge ofMr. Draper's statements
Page 18 and 19: of assault with intent to murder, a
Page 20: As a prosecution witness ... , [Dra
Page 23 and 24: Judge Sarmina appropriately found t
Page 25 and 26: Norwood files Ms. Foulkes stated, "
Page 27: A. Yes.Q. How Mr. Norwood was kille
Page 31 and 32: connect all of the dots." NT 9/2811
Page 33 and 34: e afforded relief as to the penalty
Page 35 and 36: himself would necessarily know that
Page 37 and 38: One, that all the requirements of t
Page 39 and 40: their findings and recommendations.
Page 41 and 42: Sexual Assault Resource and Counsel
Page 43 and 44: CONCLUSIONThe Commonwealth's motion
Page 45 and 46: ATTACHMENT A
Page 47 and 48: ATTACHMENT B
Page 49 and 50: 3. Chief Justice Castille was the D
Page 51 and 52: INQUIRER (Oct. 21, 1993) (available
Page 53 and 54: allegation"); Beasley. 937 A.2d at
Page 55 and 56: was the District Attorney responsib
Page 57 and 58: Ripe for Disqualification. 52 Ariz.
Page 59 and 60: 1130,1134 (6th Cir.1969) (applying
Page 61 and 62: objective standards that govern rec
Page 63: Court's adoption of the following "

Response in Opposition to the Commonwealth's Motion to Vacate

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