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Commonwealth v. Ressler

Judgment of sentence affirmed; defendant demonstrated no prejudice resulting from court's re-instruction on charge to jury while defendant was absent from courtroom; in face of counsel's refusal to consent to sealing verdict in defendant's absence, court's "homemade remedy" to safeguard verdict was appropriate and did not prejudice defendant.

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OPINION

� 1 Appellant, Mark Ressler, appeals the judgment of sentence entered July 31, 2001, in the Westmoreland County Court of Common Pleas, following his conviction of endangering the welfare of children, 18 Pa.C.S.A. � 4304, corruption of minors, 18 Pa.C.S.A. � 6301, and furnishing liquor to minors, 18 Pa.C.S.A. � 6310.1. We affirm.

� 2 In July of 1999, Appellant’s then 15 year old stepdaughter accused him of sexually abusing her over the previous two years. Appellant was subsequently charged with aggravated indecent assault, indecent assault, corruption of minors (two counts), endangering the welfare of children, and furnishing liquor to minors. After three days of testimony, the jury began deliberating on March 9, 2001. Two hours into the deliberations, Appellant began suffering chest pains and was taken to the hospital. The jury was unaware of Appellant’s condition and, therefore, continued deliberating.

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