Commonwealth v. Carr

580 A.2d 1362 (1990)

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Nature of the Case

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Facts

Claudia Brenner and Rebecca Wight were hiking the Appalachian Trail. They stopped for the night and engaged in lesbian lovemaking when Brenner was shot in the right arm. After a short pause, additional shots were fired. Brenner was struck four additional times in and about her face, neck, and head. Wight ran for cover behind a tree and was shot in the head and back. Brenner attempted to help Wight, who was unable to walk but was unable to rouse her. Brenner went for help, but by the time help arrived, Wight was dead. D was arrested and taken into custody on a fugitive warrant from the State of Florida and made statements which incriminated himself. He was tried by the bench and found guilty of murder in the first-degree. D appealed. D claimed mitigation in that he shot the pair in the heat of passion caused by the serious provocation of their nude homosexual love-making. D offered to show a history of constant rejection by women, including his mother who may have been involved in a lesbian relationship, sexual abuse while in prison in Florida, inability to hold a job and retreat to the mountains to avoid further rejection.