Com. v. Brown, V. ( 2020 )


Menu:
  • J-A16014-20
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    COMMONWEALTH OF PENNSYLVANIA               :   IN THE SUPERIOR COURT OF
    :        PENNSYLVANIA
    :
    v.                             :
    :
    :
    VANESSA BROWN                              :
    :
    Appellant               :   No. 155 MDA 2019
    Appeal from the Judgment of Sentence Entered November 30, 2018
    In the Court of Common Pleas of Dauphin County
    Criminal Division at No(s): CP-22-CR-0000525-2015
    BEFORE: PANELLA, P.J., STABILE, J., and MUSMANNO, J.
    MEMORANDUM BY MUSMANNO, J.:                         FILED NOVEMBER 30, 2020
    Vanessa Brown (“Brown”) appeals from the judgment of sentence
    entered following her conviction of five counts of conflict of interest, one count
    of bribery, and one count of statement of financial interests.1 We affirm.
    In 2010, Pennsylvania Attorney General Tom Corbett (“Attorney General
    Corbett”) launched an undercover sting operation to ferret out public
    corruption in state government. To facilitate that investigation, the Attorney
    General’s Office obtained the cooperation of Tyron Ali (“Ali”) by agreeing not
    to prosecute him for fraud if he assisted with the investigation. Ali presented
    himself to members of the Pennsylvania legislature as a lobbyist seeking to
    advance legislation on behalf of his clients and willing to pay for it.        Ali
    ____________________________________________
    1See 65 Pa. C.S.A. § 1103(c), 18 Pa. C.S.A. § 4701(a)(1), and 65 Pa. C.S.A.
    § 1105(a).
    J-A16014-20
    captured several members of Philadelphia’s state House delegation on tape
    accepting relatively modest cash payments in exchange for their votes on
    legislation.   The evidence from the investigation – specifically, the tape
    recordings – resulted in the prosecution and conviction of these legislators.
    This appeal involves one of the legislators who was ensnared in the undercover
    sting operation.
    Vanessa Lowry Brown (“Brown”) was a member of the Pennsylvania
    House of Representatives. Like all elected officials, Brown needed to raise a
    significant sum of money for her upcoming election to scare off potential
    challengers. However, Brown struggled to raise the necessary funds. Fearing
    a contested election, Brown approached Ali for help with meeting her
    fundraising goal. Ali agreed to raise money for Brown’s reelection campaign,
    but made clear that he expected Brown to promote his client’s interests in
    Harrisburg. Brown responded by using her position as a legislator to assist
    Ali.
    Over the next several months, Ali provided Brown with multiple cash
    payments to secure her vote on various pieces of legislation in the House. In
    one instance, Ali asked Brown to vote “no” on legislation requiring voters to
    show some form of identification at polling places. Brown voted against the
    voter identification measure in the House. Shortly after the vote, Ali appeared
    in Brown’s office and handed her an envelope containing $2,000 in cash.
    Unbeknownst to Brown, Ali recorded the illegal transaction on tape.
    -2-
    J-A16014-20
    Despite evidence that Brown had accepted money in exchange for
    favorable votes on legislation, Pennsylvania Attorney General Kathleen Kane
    (“Attorney General Kane”) declined to charge Brown due to concerns about
    the investigation.2 The Attorney General’s Office then referred the case to the
    Philadelphia District Attorney’s Office.          Thereafter, Philadelphia District
    Attorney R. Seth Williams (“Williams”), in conjunction with Dauphin County
    District Attorney Ed Marsico (“District Attorney Marsico”), impaneled a grand
    jury to investigate the corruption allegations against Brown.
    After hearing testimony from numerous witnesses, including Brown, and
    examining      the   evidence,     the    grand   jury   returned   a   presentment
    recommending criminal charges.             The judge overseeing the investigating
    grand jury then directed the appropriate jurisdiction, Dauphin County, to file
    charges against Brown. The Dauphin County District Attorney’s Office filed a
    Criminal Complaint charging Brown with the above-described crimes:             five
    counts of conflict of interest, one count of bribery, and one count of statement
    of financial interests.
    In the years that followed, a series of unexpected events upended and
    delayed the corruption case against Brown. Those events centered primarily
    on Williams pleading guilty to federal bribery charges. After Williams resigned
    ____________________________________________
    2 Attorney General Kane succeeded Attorney General Corbett as attorney
    general.
    -3-
    J-A16014-20
    from office, First Assistant District Attorney Kathleen Martin (“Acting District
    Attorney Martin”) became the acting district attorney by operation of law.
    From there, Acting District Attorney Martin disclosed two conflicts of interest
    in the case. The first conflict concerned her former law firm representing Ali
    in negotiating a cooperation agreement with the Attorney General’s Office.
    The second conflict Acting District Attorney Martin revealed was that her
    former law firm represented Williams in connection with the federal grand jury
    investigation that resulted in his guilty plea and resignation.
    Brown filed a pre-trial Motion to disqualify the Philadelphia District
    Attorney’s Office and the Dauphin County District Attorney’s Office from
    prosecuting the case. In her Motion, Brown asserted that there were disabling
    conflicts of interest in the case.      Specifically, Brown argued that the
    prosecutors from the Philadelphia District Attorney’s Office, whom District
    Attorney Marsico appointed as special prosecutors in the case, reported to and
    took direction from Acting District Attorney Martin. The trial court granted the
    motion in part and denied it in part, disqualifying the special prosecutors from
    the Philadelphia District Attorney’s Office, but not the Dauphin County District
    Attorney’s Office.   Brown filed an interlocutory appeal challenging the trial
    court’s decision, and this Court quashed the appeal as premature.
    The case proceeded to jury selection. There, the Commonwealth
    exercised five peremptory strikes, each one directed against non-white jurors.
    In particular, the Commonwealth excluded two black females from the jury.
    -4-
    J-A16014-20
    Brown, who is black, objected that the peremptory challenges were
    discriminatory and illegal under Batson v. Kentucky, 
    476 U.S. 79
     (1986).
    The trial court determined that Brown established a prima facie case of
    purposeful discrimination regarding one of the Black jurors. In response, the
    Commonwealth proffered race-neutral explanations for striking the juror.
    Ultimately, the trial court determined that the Commonwealth lacked
    discriminatory intent in striking the Black juror and overruled Brown’s Batson
    objection.
    Following jury selection, the Commonwealth presented former Chief
    Deputy Attorney General Frank Fina (“Fina”) as a trial witness.      Fina, who
    supervised the sting operation, testified on direct examination about the plea
    bargain offered to Ali in return for his work as an undercover confidential
    witness. Fina did not testify as to any personal observation of Brown, and he
    did not testify as to any facts that, absent the testimony of Ali, were relevant
    to Brown’s guilt or innocence.      On cross-examination, Brown sought to
    confront Fina with pornographic and racist emails that he had exchanged with
    colleagues in the Attorney General’s Office. Brown argued that the emails,
    which Fina sent and received while supervising the sting operation,
    demonstrated Fina’s bias. The trial court disagreed and barred Brown from
    introducing the emails on cross-examination.
    After the evidentiary phase of trial, the jury was charged, deliberated,
    and returned a guilty verdict on all charges. The trial court sentenced Brown
    -5-
    J-A16014-20
    to 6 to 23 months’ probation. Brown then filed a post-sentence Motion for
    judgment of acquittal, which the trial court denied.        This timely appealed
    followed.
    Brown presents the following issues for our review:
    (1) Whether the Commonwealth denied … Brown equal protection
    under the Fourteenth Amendment to the United States
    Constitution[,] when it put her on trial before a jury from which
    members of her race had been purposefully excluded?
    (2) Whether the trial court committed reversible error by denying
    … Brown her right under the Sixth Amendment to the United
    States Constitution and Article 1, Section 9 of the Pennsylvania
    Constitution to impeach … Fina’s credibility using his racist and
    sexist emails?
    (3) Whether, after finding that the prosecution suffered an actual
    conflict of interest, the trial court violated … Brown’s constitutional
    rights and committed a clear error of law by refusing dismissal of
    the case and referral to the Office of the Attorney General?
    Appellant’s Brief, at 5.
    Brown first argues that the trial court erred in denying her Batson
    challenge and allowing the Commonwealth to purposefully exclude members
    of her race from the jury.
    Because a Batson claim presents mixed questions of law and fact, our
    standard of review is whether the trial court’s legal conclusions are correct
    and whether its factual findings are clearly erroneous. See Commonwealth
    v. Edwards, 
    177 A.3d 963
    , 970 (Pa. Super. 2018).
    Under the Batson doctrine, a defendant must first make out a prima
    facie case of discrimination by showing that the Commonwealth struck one or
    -6-
    J-A16014-20
    more prospective jurors on account of race.3 See 
    id., at 971
    . If a prima facie
    showing is made, then the burden shifts to the Commonwealth to advance a
    race-neutral explanation for its strikes. See 
    id.
     Finally, the trial court must
    determine whether the defense has carried its burden of proving purposeful
    discrimination. See 
    id.
    Initially, we must determine whether Brown properly preserved her
    Batson claim for appellate review. The Commonwealth argues that Brown
    failed to create an appropriate record and therefore waived her Batson claim
    on appeal.
    Our Supreme Court has stated that a moving party must preserve a full
    and complete record of the asserted Batson violation, as it would otherwise
    be impossible to conduct meaningful appellate review without the record. See
    Commonwealth v. Fletcher, 
    861 A.2d 898
    , 909 (Pa. 2004). This full and
    complete record requires the moving party to identify the race of
    venirepersons excluded by the Commonwealth, the race of prospective jurors
    stricken by the defense, and the racial composition of the final jury. See id.,
    at 910. Absent such a record, we cannot address the merits of the moving
    party’s Batson claim. See Commonwealth v. Thompson, 
    106 A.3d 742
    ,
    752 (Pa. Super. 2014).
    ____________________________________________
    3 Batson claims have expanded to include claims that jurors were excluded
    on the basis of their sex. See J.E.B. v. Alabama ex rel. T.B., 
    511 U.S. 127
    (1994). Brown’s challenge, however, is focused on the race of the excluded
    jurors.
    -7-
    J-A16014-20
    Brown, who is Black, raised a Batson claim after the Commonwealth
    had exercised its peremptory challenges on two Black female jurors. See N.T.
    Jury Trial, 10/22/2018, at 31. A sidebar conference was requested and, at
    the conference, Brown successfully moved the jury questionnaires into
    evidence. See 
    id.
     Brown also identified the races of the jurors she struck
    during jury selection as well as those jurors that the Commonwealth had
    excluded from the venire. See id., at 32.
    However, despite her efforts to create a record of her Batson claim,
    Brown fell short of creating a full and complete record for our review.
    After filing her Notice of Appeal, Brown requested that the trial court
    transmit the jury questionnaires to this Court as part of the certified record.
    The trial court failed to transmit the exhibit, and Brown filed an application
    under Pa.R.A.P. 1926(b)(1) to correct the deficiency.4        See Appellant’s
    Emergency Application. In her Application, Brown sought relief in the form of
    an order from this Court directing the trial court to transmit the jury
    questionnaires as a supplemental record. See id., at 5. Brown alleged that
    this Court’s intervention was necessary, since the exhibits had been retained
    by the trial court and she had made multiple attempts to have the
    questionnaires transmitted to this Court. See id., at 2-4. In fact, the trial
    ____________________________________________
    4  Rule 1926(b)(1) provides that “[i]f anything material to a party is omitted
    from the record by error, breakdown in the process of the court, or accident
    or is misstated therein, the omission or misstatement may be corrected[.]”
    -8-
    J-A16014-20
    court entered an Order directing that the exhibits be provided to Brown and
    the Commonwealth.        See id., at 6.   The court reporter responded that all
    available exhibits had been forwarded to this Court. See id., at Exhibit F. A
    motions panel of this Court denied the Application without prejudice, and
    ordered Brown to seek relief in the trial court. See Order, 02/14/2020.
    Brown, perhaps understandably, did not seek further relief in the trial
    court.     The jury questionnaires are therefore not in the record before us.
    Given the unrebutted allegations in Brown’s emergency Application, as well as
    a review of the transcripts of voir dire, we conclude that Brown has done
    everything within her power to have the exhibits forwarded to this Court.
    Their absence from the certified record constitutes a breakdown in the court’s
    operation, and we will therefore review the issue based upon the uncontested
    circumstances surrounding the claim.
    Brown’s argument is focused on the Commonwealth’s strike of
    venireperson No. 2, a Black female.          According to the trial court, the
    Commonwealth struck two of the three Black venirepersons, as well as the
    only three other non-white venirepersons.           See Trial Court Opinion,
    10/14/2019, at 9-10. After Brown raised a Batson challenge, the trial court
    found that she had established a prima facie case that the Commonwealth had
    violated Batson in striking venirepersons No. 2 and No. 15, the two Black
    females.
    -9-
    J-A16014-20
    The Commonwealth then presented race-neutral reasons for striking
    those two women. As noted, Brown’s argument on appeal focuses exclusively
    on No. 2. The Commonwealth stated that it had struck No. 2 for three reasons:
    1) “that she was young in age, and, therefore, [believed that she] would be
    less likely to appreciate the evidence that is going to be presented and be able
    to follow and understand it[;]” 2) that “[s]he had a scowl on her face during
    the Commonwealth’s voir dire, and she looked disinterested in the process,
    giving us some concern that she would be following the law with the evidence
    and taking the case seriously[;] and 3) that “she is a behavioral scientist or
    behavioral specialist, which my concern on that would be she would be
    overanalyzing the testimony of witnesses and the behavior of every witness
    who comes in.” N.T., Jury Trial, 10/22/2018, at 32-33.
    After hearing the Commonwealth’s proffered reasons, the court stated
    that in “reviewing [No. 2] being a behavioral specialist and noting the
    demeanor as purported by the Commonwealth, we accept that as a reasonable
    basis to strike.”     Id., at 33.     Brown objected, and argued that the
    Commonwealth’s reasons for striking No. 2 were pretextual. After hearing
    Brown’s argument, the court stated, “I keep to my position.” See id., at 36.
    On appeal, Brown argues the trial court erred in accepting the
    Commonwealth’s proffered reasons as non-pretextual.             The trial court’s
    ultimate resolution of whether the Commonwealth had a discriminatory intent
    in exercising a peremptory strike is a finding of fact based upon the trial court’s
    - 10 -
    J-A16014-20
    superior    ability    to   assess   the    credibility    of    the   assertions.      See
    Commonwealth v. Williams, 
    980 A.2d 510
    , 531 (Pa. 2009). We therefore
    can only overturn it if the finding is clearly erroneous. See 
    id.
    As Brown notes, the Commonwealth’s first and third reasons are
    arguably contradictory: either No. 2 was too young to pay attention to the
    trial, or she, by dint of her education and occupation, was too likely to
    overanalyze the testimony of the witnesses. Brown further argues that the
    Commonwealth’s second and third reasons are similarly contradictory: if No.
    2 appeared “disinterested in the process,” Id., at 33, then it is hard to
    understand why the Commonwealth would believe that she was likely to
    “overanalyz[e] the testimony of witnesses and the behavior of every witness
    who comes in.” Id.
    The trial court, in its Opinion, opines that under all the circumstances,
    it found the Commonwealth’s proffered reasons to be credible, even though it
    did not independently observe No. 2’s demeanor during voir dire. The court
    further noted that the prosecutor’s “demeanor and history in our courtroom
    have consistently reflected fair-mindedness and a reputation for not engaging
    in racial violations of this kind.” Trial Court Opinion, 10/14/2019, at 15. While
    Brown      certainly   raises   several     reasons       to    possibly   disbelieve   the
    Commonwealth’s proffered reasons, we are not making this determination in
    the first instance.     Rather, as noted, we can only reverse the trial court’s
    - 11 -
    J-A16014-20
    determination if it is clearly erroneous. As we do not conclude that Brown’s
    arguments establish that the trial court clearly erred, Brown is due no relief.
    Brown highlights the trial court’s discussion of the history and reputation
    of the prosecutor and contends that she did not have the burden to establish
    a history of unlawful discrimination, merely that juror No. 2 was unlawfully
    stricken.   Brown’s argument misses an important qualification.        She was
    certainly not required to establish a history of discrimination in making out a
    prima facie case. See Flowers v. Mississippi, 
    139 S.Ct. 2228
    , 2241 (2019).
    But the trial court must consider “all the relevant facts and circumstances,”
    including the history and demeanor of the prosecutor who exercised the
    challenge. See 
    id.,
     at 2243-44
    Here, the court did not require Brown to establish a history of
    discrimination to make out a prima facie case. Nor did it exclusively rely on
    the prosecutor’s history and reputation. Instead, the court considered all the
    circumstances and concluded that the prosecutor was credible in his
    assertions. The court did not commit a clear error, and we therefore affirm
    its ruling on this issue.
    Next, Brown argues that the trial court deprived her of the right to
    impeach Fina’s credibility with racist and pornographic emails, to establish
    Fina’s bias against her. In barring her from doing so, Brown asserts the trial
    court committed errors of law and ultimately abused its discretion.
    - 12 -
    J-A16014-20
    The admission of evidence is within the sound discretion of the trial court
    and will be reversed only upon an abuse of that discretion. See
    Commonwealth v. Woodard, 
    129 A.3d 480
    , 494 (Pa. 2015). An abuse of
    discretion is not merely an error of judgment, but a misapplication of the law
    or an unreasonable exercise of judgment. See Commonwealth v. Sitler,
    
    144 A.3d 156
    , 163 (Pa. Super. 2016) (en banc).
    The threshold inquiry for the admission of evidence is whether the
    evidence is relevant. See Commonwealth v. Cook, 
    952 A.2d 594
    , 612 (Pa.
    2008).   Evidence is relevant if it has any tendency to make a fact of
    consequence more or less probable than it would be without the evidence.
    See Pa.R.E. 401. However, even if evidence is relevant, it may be excluded
    if its probative value is outweighed by a danger of one or more of the
    following: unfair prejudice, confusing the issues, misleading the jury, undue
    delay, wasting time, or needlessly presenting cumulative evidence.          See
    Pa.R.E. 403; see also Commonwealth v. Williams, 
    91 A.3d 240
    , 242 (Pa.
    Super. 2014).
    The trial court concluded that Fina’s racist and pornographic emails were
    irrelevant and, therefore, inadmissible. See Trial Court Opinion, 10/14/19, at
    16-17. In its Opinion, the court found that “[a]ny arguable relevance would
    clearly be outweighed by the danger of unfair prejudice, confusing the issues,
    misleading the jury, undue delay, and waste of time.” 
    Id.
     The court also
    - 13 -
    J-A16014-20
    explained that sending or receiving inappropriate, sexually and racially
    offensive emails had no bearing on credibility. See id., at 17.
    In contrast, Brown argues that Fina’s pornographic and racist emails
    tended to show bias and were relevant to impeach Fina’s credibility on cross-
    examination.   To support her argument, Brown relies on a series of cases
    recognizing that evidence of bias is almost always relevant to impeach a
    witness’s credibility. See Appellant’s Brief, at 61-63 (citing Commonwealth
    v. Abu-Jamal, 
    555 A.2d 846
    , 852-53 (Pa. 1989), Commonwealth v.
    Rouse, 
    782 A.2d 1041
    , 1045 (Pa. Super. 2001), and Commonwealth v.
    Butler, 
    601 A.2d 268
    , 271 (Pa. 1991)).         Therefore, under the weight of
    Pennsylvania authority, Brown asserts that the trial court should have allowed
    her to introduce evidence of Fina’s bias on cross-examination.
    “[A] witness may be cross-examined on any matter tending to show the
    interest or bias of that witness.” Commonwealth v. Nolen, 
    634 A.2d 192
    ,
    195 (Pa. 1993); see also Binder on Pennsylvania Evidence § 6.07 at 316.
    However, a trial court has discretion to impose reasonable limits on defense
    counsel’s inquiry into the potential bias of a prosecution witness.         See
    Commonwealth v. Rosser, 
    135 A.3d 1077
    , 1088 (Pa. Super. 2016) (en
    banc).    “Generally speaking, the Confrontation Clause guarantees an
    opportunity for effective cross-examination, not cross-examination that is
    effective in whatever way, and to whatever extent, the defense might wish.”
    
    Id.
     (citation omitted). The trial court’s exercise of its discretion will only be
    - 14 -
    J-A16014-20
    reversed if the court clearly abused its discretion or committed an error of law.
    See 
    id., at 1087
    .
    In exercising its discretion, the trial court may limit the scope of defense
    counsel’s cross-examination based on concerns that the matter is collateral,
    would likely confuse or mislead the jury, or would waste time.               See
    Commonwealth v. Largaespada, 
    184 A.3d 1002
    , 1009 (Pa. Super. 2018).
    “[A] collateral matter is one which has no relationship to the case at trial.”
    Commonwealth v. Guilford, 
    861 A.2d 365
    , 369 (Pa. Super. 2004).
    Here, the trial court’s decision to limit the scope of cross-examination,
    and prohibit Brown from using the pornographic and racist emails to explore
    Fina’s potential bias, was not an abuse of discretion. The emails may have
    been probative of Fina’s bias and therefore his credibility. However, Fina’s
    direct testimony was not directly relevant to the question of Brown’s guilt or
    innocence. Instead, the Commonwealth presented Fina to rehabilitate Ali’s
    credibility, after Brown had attacked it on cross-examination. To that end,
    Fina testified at length regarding Ali’s cooperation with the Attorney General’s
    Office as a confidential witness and the factors that were considered when a
    plea bargain was offered to Ali. See N.T., Jury Trial, 10/26/2018, at 68-81.
    Brown correctly notes that “a criminal defendant has a right to cross[-]
    examine any adverse witness,” and that an adverse witness “may be
    impeached by evidence which tends to show … that the witness may possess
    a bias which colors his testimony[.]” Butler, 601 A.2d at 268. But Brown
    - 15 -
    J-A16014-20
    was not prevented from cross-examining Fina. Nor was she prohibited from
    asking him about any bias he might harbor. She was merely prohibited from
    introducing the emails as a means of establishing Fina’s bias. And the emails
    were clearly a collateral matter, as they were not directly relevant to any issue
    in dispute at Brown’s trial.
    Because the emails themselves did not tend to prove or disprove
    Brown’s guilt, nor affect the credibility of a witness that testified to facts
    directly related to the issue of Brown’s guilt, they were excludable as collateral
    evidence.    See Guilford, 
    861 A.2d at 369-370
     (holding that evidence of
    witness’s intoxication at preliminary hearing was excludable on cross-
    examination because it could not establish the witness had a motive to
    fabricate his trial testimony). Further, while we cannot agree with the trial
    court’s conclusion that the e-mails are incapable of establishing bias, we find
    no error in the court’s conclusion that questioning Fina on the emails raised
    the specter of confusing the issues before the jury and opening a rabbit hole
    of wasteful back and forth over the content of the emails and how much Fina
    actively participated in creating and circulating the emails. Therefore, the trial
    court did not abuse its discretion in limiting the scope of cross-examination.5
    ____________________________________________
    5 While the basis for our decision is slightly different than the basis explicitly
    set forth by the trial court, we note that we may affirm on any basis supported
    by the record. See Commonwealth v. Singletary, 
    803 A.2d 769
    , 772 (Pa.
    Super. 2002).
    - 16 -
    J-A16014-20
    In her final issue, Brown argues that the trial court erred in denying her
    Motion to disqualify the Dauphin County District Attorney’s Office from
    prosecuting the case.
    We review a trial court’s decisions on conflict of interest and
    disqualification for an abuse of discretion. See Commonwealth v. Sims,
    
    799 A.2d 853
    , 856 (Pa. Super. 2002). “[A] prosecution is barred when an
    actual conflict of interest affecting the prosecutor exists in the case[.]”
    Commonwealth v. Eskridge, 
    604 A.2d 700
    , 702 (Pa. 1992). However, mere
    allegations of a conflict of interest are insufficient to warrant replacement of a
    district attorney. See Commonwealth v. Mulholland, 
    702 A.2d 1027
    , 1037
    (Pa. 1997).
    As noted above, the trial court disqualified the special prosecutors
    because then-Acting Philadelphia District Attorney Martin had conflicts of
    interest in the case.     From that point on, the Dauphin County District
    Attorney’s Office prosecuted the case against Brown, including the present
    appeal, without the assistance of the Philadelphia District Attorney’s Office.
    Nonetheless, Brown maintains that District Attorney Marsico became hobbled
    with an actual conflict of interest simply by participating with the Philadelphia
    District Attorney’s Office in the case. On that basis, Brown argues that the
    trial court should have disqualified the Dauphin County District Attorney’s
    Office and referred the matter to the Attorney General’s Office.
    - 17 -
    J-A16014-20
    This Court, sitting en banc, addressed a similar conflict of interest issue
    in Commonwealth v. Miller, 
    422 A.2d 525
     (Pa. Super. 1980) (en banc). In
    Miller, the appellant sought the disqualification of the entire district attorney’s
    office, because the district attorney previously had served as the county’s chief
    public defender and had represented the appellant’s co-defendant in that
    capacity.     The     Commonwealth,       on     the   other   hand,      asserted   that
    disqualification of the entire district attorney’s office was unnecessary because
    the district attorney had recused himself from all matters involving the public
    defender’s office.     Even so, the appellant maintained that the continued
    prosecution of the case by the district attorney’s staff created the appearance
    of impropriety. See 
    id., at 526-527
    .
    The Miller Court rejected the appellant’s “appearance of impropriety”
    argument    and      held   that   individual    disqualification,   as    opposed     to
    disqualification of an entire district attorney’s office, is sufficient when an
    actual conflict of interest exists. See 
    id., at 529
    . As such, the Miller Court
    concluded that it was unnecessary to disqualify the entire district attorney’s
    office, because the district attorney had abided by his self-imposed recusal.
    See 
    id.
    Like the Miller Court, we find that disqualification of the special
    prosecutors, as opposed to disqualification of the entire Dauphin County
    District Attorney’s Office, was appropriate in this matter.            See Miller, 
    422 A.2d at 529
    . The mere fact that the special prosecutors participated in some
    - 18 -
    J-A16014-20
    aspects of the case does not compel disqualification of the entire district
    attorney’s office. Furthermore, Brown presents no argument or legal authority
    explaining how District Attorney Marsico retained a conflict of interest after
    the trial court disqualified the special prosecutors. Therefore, the trial court
    did not abuse its discretion when it refused to disqualify the entire Dauphin
    County District Attorney’s Office from the case.
    Judgment of sentence affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 11/30/2020
    - 19 -