COMMONWEALTH V. SERGE
896 A.2d 1170, 586 Pa. 671, cert denied, 546 U.S. 920 (2006)
NATURE OF THE CASE: Michael Serge (D) appeals the sentence of life imprisonment from his
conviction for first-degree murder and the admissibility of a computer-generated animation
(CGA) illustrating P's theory of the homicide.
FACTS: D shot his wife, Jennifer, three times, killing her inside their home. D was
arrested that morning and charged with one count of first-degree murder, and one count of
third-degree murder. P filed a Motion in limine, seeking to present its theory of the fatal
shooting through a CGA (computer generated animation) based on both forensic and physical
evidence. The court required P to authenticate the animation as both a fair and accurate
depiction of expert reconstructive testimony and exclude any inflammatory features that may
cause unfair prejudice. To safeguard against potential prejudice, the trial court required
the pre-trial disclosure of the CGA. D alleged that he had acted in self-defense as his wife
attacked him with a knife. Alternatively, D argued that his extreme intoxication at the time
of the shooting rendered him incapable of formulating the specific intent to kill. P claimed
that D, a former Lieutenant of Detectives with the Scranton Police Department, 'used his
decades of experience as a police officer to tamper with the crime scene to stage a
self-defense setting.' P asserted that D had moved his wife's body and strategically
positioned her near a knife that he had placed on the floor, as depicted in the CGA. The CGA
showed the theory of P based upon the forensic and physical evidence, of how D shot his wife
first in the lower back and then through the heart as she knelt on the living room floor of
their home. The animation showed the location of D and his wife within the living room, the
positioning of their bodies, and the sequence, path, trajectory, and impact sites of the
bullets fired from the handgun. The trial court thoroughly instructed the jury of the purely
demonstrative nature of the CGA before and during the jury charge prior to deliberation. The
court noted it was a demonstrative exhibit, not substantive evidence, and it was being
offered solely as an illustration of the P's version of the events as recreated by Dr. Ross
and Trooper Beach. D was found guilty of first-degree murder and the trial court immediately
sentenced him to life imprisonment. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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