Commonwealth v. Haefner

368 A.2d 686, 470 Pa. 392, 1977 Pa. LEXIS 534
CourtSupreme Court of Pennsylvania
DecidedJanuary 28, 1977
Docket300
StatusPublished
Cited by18 cases

This text of 368 A.2d 686 (Commonwealth v. Haefner) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Haefner, 368 A.2d 686, 470 Pa. 392, 1977 Pa. LEXIS 534 (Pa. 1977).

Opinions

OPINION OF THE COURT

JONES, Chief Justice.

While on trial before a judge and jury for the crimes of involuntary deviate sexual intercourse and corruption [394]*394of minors, Richard Charles Haefner, appellant, testified that, during the ten hours of custody which preceded his preliminary arraignment, he was mistreated by the police who arrested and interrogated him. Roughly two hours of the interrogation consisted of the administration of a lie detector test to appellant. At the beginning of the trial, however, the trial judge ruled inadmissible, at sidebar, all polygraph evidence. See Commonwealth v. Gee, 467 Pa. 123, 354 A.2d 875 (1976); Commonwealth v. Brooks, 454 Pa. 75, 309 A.2d 732 (1973). Appellant was informed of this directive by his trial counsel, Mr. Heinly, and made no mention of the polygraph test in his direct testimony. The cross-examination which followed was aimed at attacking appellant’s credibility by showing that, in the midst of the alleged police brutality, he made no real attempt to seek outside assistance from friends, family or counsel:

“Q: The question before you now is, did you ever complain to anybody at home concerning your treatment?
A: Yes, I believe I did.
Q: Whom did you complain to?
A: My mother.
Q: What did you tell her?
A: Gees, I don’t recall . . . [S]he asked me if Henry should come down, and I said, no, no, don’t send Henry down.
Q: Who’s Henry?
A: Henry Haefner, my cousin, who is an attorney. He was the only attorney that I could think of, that I knew of in all of Lancaster. I never needed an attorney before for anything. And I was so ashamed or so embarrassed that they would even ask me questions like that, that I didn’t want any family member to know that police were asking me questions about such a God awful thing like that . . . .” Notes of Testimony, pp. 539-540.

[395]*395Appellant was then asked about his appearance before District Justice Joseph Lees:

Q: After you were in there all these hours and you were finally taken before Justice Lees, did you make any complaint to Justice Lees about the way you were treated?
A: Should I answer that?
[By Mr. Heinly]: Yes.
A: Yes, I did.
Q: Who was present, when you made these complaints?
A: Sergeant Snyder and Justice Lees and Henry Haefner and me, and Cadet McMullen was in the room at the same time.
Q: How about Crump, was he there ?
A: He was not there.
Q: And what complaint did you make to Lees ?
A: I complained to Lees that if I, that I had agreed to take a lie detector test from Detective Jan Walters and Detective Walters told me, I passed the test. And we had an agreement that if I passed that test, they would not bring any charges, and they brought charges anyway. Now I’m sorry, I’m not supposed to mention that but I have to tell the whole truth. He did ask me, he did give me a lie detector test. Id., pp. 542-543. (Emphais added).

For this violation of the trial judge’s ruling against the admission of polygraph evidence, appellant was found in contempt of court, fined five hundred dollars and sentenced to serve one month in prison.

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Bluebook (online)
368 A.2d 686, 470 Pa. 392, 1977 Pa. LEXIS 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-haefner-pa-1977.