Court rejects appeal from inmate
Commonwealth Court rejected an appeal from a death row inmate at SCI-Greene who claimed Greene County court erred in upholding the district attorney’s denial of his private criminal complaint against various prison personnel regarding the sale of an allegedly defective television set.
Sheldon Hannibal, who was sentenced to death Oct. 25, 1994, in Philadelphia County for the Oct. 25, 1992, murder of Peter LaCourt after a dispute over whether a gold chain was genuine, purchased a RCA flat screen color television from the commissary at SCI-Greene in November 2011.
The television was defective and only worked for a few months. After he complained, a replacement television was provided in February 2013, but the replacement television also proved defective. Hannibal claimed the prison’s administrative staff informed him the 90-day warranty issued on the first television applied only to that television and did not apply to the replacement television.
He also said when the replacement television ceases to operate, he will be forced to purchase a third television, claiming this is a “clear case of deception and also extortion/fraudulent practices simply because he is a prisoner.”
Subsequently, Hannibal filed a private criminal complaint with the district attorney’s office, alleging among other things, an unfair trade practice and a violation of the statutory provision regarding corrupt organizations.
The district attorney’s office “in the exercise of its discretion,” disapproved Hannibal’s private criminal complaint, suggesting the prisoner may have a civil claim.
Hannibal then petitioned Greene County Court for a review, which ruled it was not required to hold a hearing; the district attorney properly declined to prosecute as the facts and investigation did not reveal an intent to defraud or steal; Hannibal did not provide any evidence the district attorney’s decision was based on bad faith, fraud or unconstitutionality; and that Hannibal’s remedy was civil in nature.
Hannibal then appealed to the state Superior Court, which transferred the matter to Commonwealth Court on the grounds Hannibal filed his private criminal complaint against the Department of Corrections.
Commonwealth Court Judge Robert Simpson wrote: “Here, in its order rejecting Hannibal’s challenge to the district attorney’s disapproval of his private criminal complaint, the (local court) states the district attorney did not abuse her discretion in refusing to approve the complaint. We discern no abuse of discretion in the court’s determination.”
Moreover, Simpson said Hannibal asserts the disapproval of his private criminal complaint is based on bias toward prisoner litigation and the district attorney never approved a prisoner’s private criminal complaint.
“Beyond these bald assertions, Hannibal offers no explanation as to why a civil remedy is inadequate under these circumstances.”