A panel of judges in Pennsylvania have said the convicted murderer who escaped last year from prison shortly after his conviction cannot appeal his sentence because of his decision to fly the coop.
The Superior Court of Pennsylvania on Tuesday quashed the appeal of 35-year-old Danelo Cavalcante, who scaled the walls and escaped from Chester County Prison on Aug. 31, 2023, as he awaited transfer to the Pennsylvania Department of Corrections. His escape sparked a huge manhunt that drew nationwide interest.
After nearly two weeks on the run, he was captured by authorities and taken back into custody on Sept. 13, 2023. A judge sentenced Cavalcante to life in prison on Aug. 22, 2023 for the murder of his ex-girlfriend. Oddly enough, his lawyers first filed an appeal in the case on Sept. 1, 2023 — one day after his escape. The appeal challenged the “sufficiency of the evidence” of his conviction. The court denied the motion the same day.
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Cavalcante again appealed more than two weeks after his capture, questioning whether the trial court “abused its discretion” in admitting evidence from previous crimes he allegedly committed. But the escape threw off the timing of his appeal, the judge said.
“Notwithstanding the above principles, a defendant who voluntarily escapes from confinement, and deliberately chooses to become a fugitive from justice, may forfeit the right to appellate review,” the court wrote.
The judges cited a 1984 case which holds that the “right to appeal is conditioned upon compliance with the procedures established by the Pennsylvania Supreme Court, and a defendant who deliberately chooses to bypass the orderly procedures afforded to one convicted of a crime for challenging his conviction is bound by the consequences of his decision.”
In order to file an appeal, a defendant must do so within 30 days of their sentence. And while Cavalcante’s lawyers did file an appeal within the required time period, it was “legally ineffectual” because he was a fugitive, the court ruled. By the time his lawyers filed the Sept. 29 motion, it was already too late, the court said.
As Law&Crime previously reported, a jury convicted Cavalcante for the fatal stabbing his ex-girlfriend, Deborah Brandão, 33, in Schuylkill Township in front of her two children, a 7-year-old and a 4-year-old, in 2021. The kids ran for help as the killer stabbed their mother 38 times, striking the victim’s heart, kidney, lungs, and liver.
Investigators determined that Cavalcante had physically abused Brandão before and threatened to kill her. The motive for the slaying was that Brandão had learned that Cavalcante faced an open warrant in Brazil for another murder, and she discussed going to the cops about it.
Brandão’s sister, Sarah Brandão, told CNN that Cavalcante was controlling and violently jealous during the relationship.
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The search for Cavalcante was marked by numerous sightings, including the fugitive appearing on surveillance and trail cameras. Authorities said he also stole a van and abandoned it, likely because of fuel problems.
They said the situation became a lot more dire when he stole a scoped rifle from a homeowner’s opened garage.
The capture ended a tense search for a convicted murderer.
“The defendant committed the most heinous crime imaginable by taking another human life,” Chester County District Attorney Deb Ryan said at the time of the sentencing. “Not only did he butcher Deborah Brandão to death with 38 stab wounds on virtually every vital organ, he did this in front of her two young children who will have to live with that horrific trauma for the rest of their lives.
“We are very grateful to everyone who assisted with this case including our outstanding Chester County Detectives, Schuylkill Township Police Department, our prosecutors, and crime victim advocate for their persistence in seeking justice for Ms. Brandão and her family.”
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