Commonwealth v. Stenhach

514 A.2d 114 (1987)

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Nature of the Case

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Facts

Young was killed. Buchanan and an accomplice were arrested and charged with first-degree murder. D undertook Buchanan's defense. An investigator to assist was appointed. During a confidential conference among D, the investigator, and Buchanan, Buchanan described the death. He said that Young had attacked him with two knives and that during the attack, Young had died after he was shot, hit by Buchanan's car, then struck by Buchanan's rifle, causing the stock of the rifle to break off. Buchanan and his accomplice had then disposed of the weapons and other items relating to Young's death. The investigator and Buchanan prepared a map identifying the location of some of these items. Ds decided to pursue self-defense and to attempt to gather evidence supporting that theory. They ordered the investigator to search for the items Buchanan had described and to retrieve as many as he could find. The investigator found the broken rifle stock and brought it back to D's office. The barrel was eventually discovered by the prosecutor and introduced into evidence. No knives were ever found. Ds stored the rifle stock inside a paper bag in a desk drawer in their office. The investigator expressed his concern as many as twenty times that Ds were violating the law by withholding the rifle stock. Ds said that the weapon was protected by the attorney-client privilege and that all of them had a legal duty to preserve Buchanan's confidential communications which led to discovery of the weapon. Eventually, the stock was discovered and entered into evidence. After Buchanan's conviction, D was charged with hindering prosecution and tampering with evidence for withholding the rifle stock. Ds were convicted and appealed.