Commonwealth v. Rivera

312 A.3d 366

COMMONWEALTH of Pennsylvania

v.Hector Manuel RIVERA, Appellant

No. 1000 MDA 2023

Superior Court of Pennsylvania.

Submitted January 22, 2024

Filed: March 15, 2024

Appeal from the Judgment of Sentence Entered June 21, 2023, In the Court of Common Pleas of Berks County, Criminal Division, at No(s): CP-06-CR-0003163-2021, M. Theresa Johnson, J.

Douglas J. Waltman, West Chester, for appellant,

James P. Barker, Chief Deputy Attorney General, Harrisburg, for Commonwealth, appellee,

BEFORE; OLSON, J., NICHOLS, J., and BECK, J,

OPINION BY BECK, J.;

Hector Manuel Rivera ("Rivera") appeals from the judgment of sentence entered by the Berks County Court of Common Pleas ("trial court") after a jury convicted him of multiple counts each of trafficking in individuals, conspiracy to commit trafficking in individuals, involuntary servitude, conspiracy to commit involuntary servitude, prostitution and related offenses, conspiracy to commit prostitution and related offenses, criminal use of a communication facility, and delivery of a controlled substance.¹ Before this Court, Rivera challenges the admission at trial of expert testimony under section 5920 of the Pennsylvania Judicial Code,² relating to the behavior of sexual violence victims, and discretionary aspects of his sentence. Because we conclude that the trial court properly permitted the expert testimony at issue under section 5920, and because Rivera failed to properly preserve his sentencing claim, we affirm his judgment of sentence.

The record reflects that during the latter portion of 2019, Alicia Rider ("Rider") sustained a series of physical assaults by her fiancé. N.T., 1/30/2023-2/1/2023, at 164-68. This abuse included Rider’s fiancé slapping her across the face, hitting her over the head with her phone, dragging her by the head, and throwing her into the shower. Id. During this time, Rider was actively addicted to heroin and crack cocaine. Id.

In November 2019, Rider purchased crack cocaine over the internet from Rivera and another individual referred to in the record only as "Neil." N.T., 1/30/2023-2/1/2023, at 156-62, 195. After Rider made several purchases from Rivera and Neil, Rivera suggested that Rider have sex with him, Neil, and Neil’s roommate in exchange for drugs. Id. at 162-63, 202-07. Rider agreed to Rivera’s proposition, as she wanted access to the drugs. Id. at 202-07.

In April 2020, as the repeated assaults by her fiancé continued, Rider contacted Rivera through a mutual acquaintance, Bridget Thompson ("Thompson"), to escape the abuse. Id. at 172-73. Rivera picked up Rider and Thompson and took them to a hotel. Id. at 174-75. Rivera then purchased crack cocaine for the three of them to smoke in a hotel room paid for by Rider. Id. at 176-78. The following day, Rivera suggested listing Rider on a website called "Skip the Games," advertising her as available to perform sex acts in exchange for money. Id. at 178-79, 181-82, 256, 258. Rivera and Thompson told Rider that she would not receive any more drugs unless she agreed to be listed on the website. Id. at 256. On that basis, Rider agreed to be listed. Id. at 179-80.

In the first three days after being listed on the website, Rider had approximately three to five "dates" (i.e., performing sex acts for money) per day. Id. at 184-85. The money Rider received from the "dates" went directly to Rivera and Thompson. Id. at 184, 262-263. In return, Rivera continued to supply Rider with crack cocaine. Id. at 186, 199. After the third day of sending Rider on multiple "dates" per day, Thompson became upset with Rivera and tired of Rider "whining," "crying," and "complaining," so Thompson stole Rider’s money and left. Id. at 186, 263-64.

After Thompson left, Rivera and Rider moved to a different hotel where Rider continued to have "dates." Id. at 189-90. A few days later, however, Rivera and Rider ran out of money. Id. at 191, 225-26. During this time, Rider’s fiancé contacted her, and Rivera encouraged Rider to get money from him. Id. Desperate to escape her circumstances, and despite the abuse she sustained at her fiancé’s hands, Rider arranged to leave with him, telling Rivera that she was going on a "date." Id. Rider did not tell Rivera she was leaving because she was afraid he would not allow her to leave. Id. Rider explained that Rivera had previously been mean to her and had threatened violence over money. Id.

Around this time, the Pennsylvania State Police received information from a confidential informant that a young woman was being trafficked by Rivera, Id. at 274. On June 18, 2020, police interviewed Rider, during which she detailed her interactions and relationship with Rivera. Id. at 274-75. Based on this information, police arranged multiple controlled buys between Rivera and the confidential informant. Id. at 282, 289-90, 340-41. Rivera was arrested and charged with multiple counts each of trafficking in individuals, conspiracy to commit trafficking in individuals, involuntary servitude, conspiracy to commit involuntary servitude, prostitution and related offenses, conspiracy to commit prostitution and related offenses, delivery of a controlled substance, and criminal use of a communication facility.

Prior to Rivera’s trial, the Commonwealth provided notice of its intention to introduce expert testimony on human trafficking and sexual violence victim dynamics pursuant to section 5920. See Memorandum Regarding the Admissibility of Expert Testimony Pursuant to 42 Pa.C.S. § 5920, 1/26/2023. Rivera filed a motion to exclude the testimony, See Motion in Limine to Exclude Expert Testimony Related to "Human Trafficking," 1/26/2023. The trial court denied Rivera’s motion, permitting the expert testimony of Special Agent Gabriel Fabian of the Pennsylvania Office of Attorney General ("Agent Fabian"), See Trial Court Order, 2/2/2023.

At trial, Agent Fabian provided a general explanation of the meaning of the phrase "human trafficking," some of the terminology associated with human trafficking, and how perpetrators carry out human trafficking schemes (e.g., what websites traffickers use and how they advertise to potential clients). N.T., 1/30/2023-2/1/2023, at 99-110. Agent Fabian also discussed misconceptions associated with human trafficking, explaining that while violence does happen in human trafficking, traffickers are often able to control their victims through other coercive means, such as controlling access to drugs for someone with a substance abuse disor- der. Id. at 110-14. Agent Fabian stated that traffickers also tend to isolate their victims by taking them to unfamiliar locations, away from family or any other type of support system. Id. at 115-16, Agent Fabian further testified that victims of human trafficking tend to not seek help from law enforcement, or otherwise talk to the police, because the victims themselves are often charged with crimes such as prostitution, drug possession, and retail theft. Id. at 116-20. Agent Fabian stated that victims of human trafficking typically do not see themselves as victims until long after they have been away from the situation and have had counseling. Id. at 120.

On February 1, 2023, a jury found Rivera guilty of all charges other than one of the three charged counts of involuntary servitude.³ On May 23, 2023, the trial court sentenced Rivera to an aggregate term of 33½ to 67 years of incarceration. On May 31, 2023, Rivera filed a post-sentence motion to modify his sentence. The trial court granted the motion in part and merged some counts together instead of running them concurrently, but left the overall sentence remained intact, and denied the remaining claims in the motion.

On July 10, 2023, Rivera filed a timely notice of appeal. On July 25, 2023, the trial court ordered Rivera to file a concise statement of errors complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(b), and Rivera timely complied.

Rivera presents the following issues for review:

1. Whether the [t]rial [c]ourt erred in admitting expert opinion testimony in the area of human trafficking where the expert invaded the province of the jury by drawing inferences from the evidence which effectively conveyed an opinion that [Rivera] was guilty?

2. "Whether the overall sentence is manifestly excessive?

Rivera’s Brief at 4.

In his first issue, Rivera argues that the trial court abused its discretion by allowing Agent Fabian to testify as an expert on human trafficking and sexual servitude pursuant to section 5920 of the Pennsylvania Judicial Code. Rivera’s Brief at 21-25.⁴ Rivera maintains that section 5920(b)(1) permits expert testimony on human trafficking and sexual servitude only to the extent that it assists the factfinder in its understanding of sexual violence victim dynamics, victim responses to sexual violence, and the impact of sexual violence on victims during and after an assault. Id. at 25. Rivera argues that "sexual violence" was not at issue in this case because his crimes solely involved subjecting Rider to sexual servitude in exchange for providing her access to controlled substances. Id. at 25. In Rivera’s estimation, the facts did not support a finding that his crimes involved sexual violence, rendering the testimony irrelevant and inadmissible, and that the admission of Agent Fabian's testimony "unfairly encouraged the jury to view Rider as a victim of sexual violence when [it] was not alleged or supported by testimony." Id. Additionally, Rivera asserts that Agent Fabian’s testimony as an expert on human trafficking and sexual servitude terminology was improper because a layperson could easily understand such concepts or Rider could have defined the terms during her testimony. Id. at 22-23.

The trial court found Agent Fabian’s testimony admissible pursuant to section 5920, which permits experts to testify to facts and opinions regarding victim responses and behaviors in criminal proceedings related to sexual assaults. N.T.,...