Commonwealth v. Page

965 A.2d 1212, 2009 Pa. Super. 20, 2009 Pa. Super. LEXIS 28
CourtSuperior Court of Pennsylvania
DecidedFebruary 3, 2009
StatusPublished
Cited by123 cases

This text of 965 A.2d 1212 (Commonwealth v. Page) is published on Counsel Stack Legal Research, covering Superior 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. Page, 965 A.2d 1212, 2009 Pa. Super. 20, 2009 Pa. Super. LEXIS 28 (Pa. Ct. App. 2009).

Opinions

OPINION BY

FREEDBERG, J.:

¶ 1 This is an appeal from judgment of sentence entered by the Court of Common Pleas of Lawrence County after a jury-convicted David Page of two counts of aggravated indecent assault, 18 Pa.C.S.A. § 3125(a)(7) and (b), one count of indecent assault, 18 Pa.C.S.A. § 3126(a)(7), and one count of corruption of minors, 18 Pa.C.SA. 6301(a). Appellant was sentenced to a term of incarceration of five to ten years. Appellant contends that the trial court erred when it failed to suppress a statement made by Appellant, when it permitted evidence of prior bad acts, when it allowed the Commonwealth to amend the information after close of the evidence and prior to closing arguments, and when it allowed the Commonwealth to discuss pri- or bad acts of Appellant during its closing argument. We affirm.

¶2 Appellant dated the mother of the thirteen year old female victim for approximately eight years. Notes of Testimony, 6/12/2007, at 102. Appellant resided with them for the majority of the time during which he was dating the mother, moving in when the child was approximately four years old. Id. The girl testified that Appellant was like a father to her, and the two often went shopping, played video games, and read together. Id. She stated that both her mother and Appellant typically put her to bed, after which her mother would go to bed. At that point, Appellant would come into her room and hurt her. Id. at 7. She testified that Appellant “would put his hands down [her] pants and he would caress the inside of [her] thighs .... [and] he would put his fingers inside of [her].” Id. at 7-8. This abuse went on [1216]*1216for a number of years and occurred approximately one hundred times while Appellant lived with them. Id. at 9, 80.

¶ 8 The child did not report the abuse for a period of time because she was afraid of Appellant after he threatened that both she and her mother would be in trouble if she told anyone what he was doing. Id. at 1, 13. On February 17, 2005, the threats escalated when Appellant came into the child’s room after she was asleep and told her that he would “cut [her] throat if [she] said anything.” Id. at 11. Appellant tried to touch the girl that night, but she screamed and he stopped. Id. at 12-13. The abuse then stopped. In November 2007, Appellant told the victim he was going to buy her a cell phone. Id. at 14. Afraid that the gift meant Appellant was going to touch her again, she screamed and told her mother about the years of abuse by Appellant. Id. The child was interviewed by a Lawrence County Children Youth and Service caseworker and a representative from the District Attorney’s office two days later.

¶ 4 Appellant agreed to meet with Corporal Scott Patterson from the Pennsylvania State Police on February 3, 2006, to discuss the allegations against him. Id. at 37-38. Appellant arrived at the New Castle police station by means of his own transportation, and the interview began at approximately 9:45 a.m. Id. at 40. Corporal Patterson began the session by reading Appellant the Miranda rights. Appellant, who dropped out of school in the ninth grade, asked a question about the availability of a public defender. Corporal Patterson testified: “I told him that if he would qualify for that and he is charged, a public defender would be appointed for him, and that would depend on his income.” Notes of Testimony, Suppression Hearing, at 11. Appellant stated that he understood his rights and signed a waiver form. Id. at 43-45.

¶ 5 At first, Appellant denied he sexually abused the girl, but, at approximately 12:15 p.m., he admitted to touching her inappropriately. Id. at 45-46. Corporal Patterson handwrote a statement summarizing Appellant’s statements, which he reviewed with Appellant line-by-line for accuracy. Id. at 46-48. Appellant verified the information in the statement was correct and signed the statement. Appellant was arrested on March 28, 2006, for the sexual abuse of the girl.

¶ 6 Appellant filed a motion to suppress his statement on October 20, 2006. After a hearing, Appellant’s motion was denied on January 29, 2007. A jury trial began on June 11, 2007. On June 13, 2007, Appellant was found guilty of two counts of aggravated indecent assault, one count of indecent assault, and one count of corruption of minors. On February 26, 2008, Appellant was sentenced to five to ten years’ imprisonment. This appeal followed.1

¶ 7 Appellant raises four issues in his brief. Appellant claims that the trial court incorrectly denied his motion to suppress the statement he gave to Corporal Patterson. He also claims that the trial court should not have permitted the Commonwealth to introduce evidence about his pri- or bad acts or, alternatively, it should have given a cautionary instruction concerning the evidence. Appellant claims that the trial court erred in permitting the Commonwealth to comment on prior bad acts during closing arguments. Finally, Appellant contends that the Commonwealth should not have been allowed to amend the [1217]*1217information after the close of the evidence and prior to closing arguments.

¶ 8 Appellant argues that the trial court erred when it denied his motion to suppress. In reviewing an appeal of a denial of a motion to suppress, the appropriate standard of review was set forth in Commonwealth v. Grundza, 819 A.2d 66, 67 (Pa.Super.2003) (internal quotations omitted), citing Commonwealth v. Reppert, 814 A.2d 1196 (Pa.Super.2002), as follows:

Our standard of review of a denial of suppression is whether the record supports the trial court’s factual findings and whether the legal conclusions drawn therefrom are free from error. Our scope of review is limited; we may consider only the evidence of the prosecution and so much of the evidence for the defense as remains uncontradicted when read in the context of the record as a whole. Where the record supports the findings of the suppression court, we are bound by those facts and may reverse only if the court erred in reaching its legal conclusions based upon the facts.

¶ 9 At the outset, we note that the trial court determined that the trooper’s interview of Appellant did not constitute custodial interrogation. Resolution of whether this determination was correct is critical to disposition of Appellant’s argument for suppression.

¶ 10 In finding that the interview did not constitute custodial interrogation, the trial court cited the following factors:

“A. Corporal Patterson did not pick up the defendant in his cruiser, but rather defendant arrived at the barracks via his own transportation.
B. Detective Disque prearranged this interview, which demonstrates defendant was a willing participant.
C. Defendant was never handcuffed nor was there any restraint on defendant’s freedom of movement.
D. The interview lasted only three and one half (3.5) hours which included preparation for an administration of the polygraph test — not just questioning — which this court finds is not excessively long.
E. Defendant was not compelled to stay at the barracks, nor was he required to answer any questions presented to him.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gray, R. v. Grayhawk Partners
Superior Court of Pennsylvania, 2025
Com. v. Ellman, J.
Superior Court of Pennsylvania, 2024
Com. v. Lewis, J.
Superior Court of Pennsylvania, 2024
Com. v. Rister, T.
Superior Court of Pennsylvania, 2024
Com. v. Gates, G.
Superior Court of Pennsylvania, 2024
Com. v. Lawrence, B.
Superior Court of Pennsylvania, 2024
Com. v. Phillips, M.
Superior Court of Pennsylvania, 2024
Com. v. Belgrave, J.
2023 Pa. Super. 275 (Superior Court of Pennsylvania, 2023)
Com. v. Hofmann, D.
Superior Court of Pennsylvania, 2023
Com. v. Dunkowski, A.
Superior Court of Pennsylvania, 2023
Com. v. Ricci, M.
Superior Court of Pennsylvania, 2023
Com. v. Oliemuller, S.
Superior Court of Pennsylvania, 2023
Com. v. Holmes, W.
Superior Court of Pennsylvania, 2023
Com. Wilson, T.
2022 Pa. Super. 55 (Superior Court of Pennsylvania, 2022)
Com. v. Sandoval, J.
2021 Pa. Super. 242 (Superior Court of Pennsylvania, 2021)
Com. v. Kesner, G.
Superior Court of Pennsylvania, 2021
Com. v. Phillips, C.
Superior Court of Pennsylvania, 2021
Com. v. Williams, C.
2021 Pa. Super. 123 (Superior Court of Pennsylvania, 2021)
Com. v. Gilliam, K.
2021 Pa. Super. 40 (Superior Court of Pennsylvania, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
965 A.2d 1212, 2009 Pa. Super. 20, 2009 Pa. Super. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-page-pasuperct-2009.