Convicted killer Danilo Cavalcante cannot appeal his conviction for the 2021 murder of his ex-girlfriend as a court has found he forfeited his right to appeal because of his decision attempt to escape from prison.
In a memorandum released on Tuesday, Oct. 15, 2024, the Superior Court of Pennsylvania ruled that the appeal was "untimely" and denied the move.
As detailed in the court document, by fleeing from a Chester County prison in August of last year, Cavalcante forfeited his right to appeal as he was a fugitive during the time period in which a defendant is required to submit an appeal to the court.
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"The fact that counsel for a defendant has filed a document on his behalf while he was a fugitive from justice is of 'no moment,' as 'a defendant’s fugitive status forfeits all rights during the period of fugitivity,'" the court noted citing earlier rulings.
The court noted that Cavalcante was sentenced on August 22, 2023. And he the had ten days -- or until September 1, 2023 -- in which to file a timely post-sentence motion.
Instead, court documents note "Cavalcante became a fugitive on August 31, 2023, one day prior to the expiration of the time for filing a post-sentence motion."
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"Although Cavalcante’s counsel purported to file a post-sentence motion on September 1, 2023, this action was taken while Cavalcante was a fugitive," the court said in its decision. "Thus, counsel’s filing was legally ineffectual, and did not operate to toll the thirty-day appeal period."
Cavalcante's attorney -- his public defender was listed as Susanna E. Dewese, of the Chester County Public Defender's Office in court documents -- had attempted to appeal the sentence by questioning if the lower court abused its discretion in allowing certain evidence to be admitted and by imposing a sentence that exceeded the aggravated range "without stating adequate reasons" among other issues.
In August, Cavalcante pleaded guilty after he broke out of Chester County Prison on Thursday, Aug. 31, 2023, and led law enforcement on a manhunt that lasted until Wednesday, Sept. 13, 2023.
Over the course of 14 days, Cavalcante -- a Brazilian man who fluently speaks Portuguese, Spanish and some English and stands around 5 feet tall and weighs around 120 pounds -- led police on a getaway route that zig-zagged through Chester County.
He was eventually apprehended after being discovered hiding on a property in South Coventry Township.
According to court records, Cavalcante was in prison after being convicted of first-degree murder of stabbing and killing his ex-girlfriend Deborah Brandao in front of her children in April 2021.
Calvalcante's attorney did not immediately respond to a request for comment from NBC10.
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