Commonwealth v. Tirado

409 A.2d 392, 487 Pa. 362, 1979 Pa. LEXIS 797
CourtSupreme Court of Pennsylvania
DecidedDecember 21, 1979
DocketNo. 512
StatusPublished
Cited by5 cases

This text of 409 A.2d 392 (Commonwealth v. Tirado) 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. Tirado, 409 A.2d 392, 487 Pa. 362, 1979 Pa. LEXIS 797 (Pa. 1979).

Opinions

OPINION

LARSEN, Justice.

This is an appeal of appellant Aida E. Feliciano Tirado’s criminal contempt conviction.

This conviction arose as follows: On June 13, 1977, a jury was sworn in the trial of Julio Ortiz Tirado, appellant’s husband, who was charged with recklessly endangering another person, aggravated assault, and simple assault in connection with the beating of their 22/2-year old child. After the Commonwealth presented its opening argument, the jury was recessed and the court met with the prosecutor and [364]*364counsel for appellant’s husband. At this meeting, the court allowed the Commonwealth to summon appellant (a Commonwealth witness) in order to “inquire ... of her [appellant’s] intentions with respect to testifying and competency”. Appellant was sworn and testified as follows (in pertinent part):

BY MR. WELZ [PROSECUTOR]
Q . [Y]ou were served with a subpoena to appear in court in connection with this case; is that correct?
BY MRS. TIRADO [APPELLANT] A Yes.
Q And did you consult with me prior to selecting the jury this afternoon?
A Yes.
Q Did you indicate to me that you were not willing to testify in this case?
A Yes.
Q Now, did you give a statement to Officer Leon Krammes of the Bureau of Reading Police?
A I don’t remember.
Q Reading Bureau of Police; do you remember giving a statement with regard to this incident at all?
A This incident?
Q Yes.
A Yes.
Q Do you remember discussing this matter with the police?
A I discussed it, but I don’t remember it, exactly the words I said in that.
Q Okay. Were you present at this time when Mr. Tirado entered the house and assaulted the young boy?
A I don’t remember.
BY THE COURT:
Q Mrs. Tirado, the law says that under normal circumstances, or usually, a husband and wife do not have to testify against one another.
[365]*365A Yes, I understand that.
Q But in cases where violence is done or threatened to be done to the person of either of them, or of their children, or children in their custody, they are competent, and can be called to testify. I would tell you that as I understand the nature of the questions to be asked of you, that you would be competent to testify, and that if you refused to testify, you would be considered in contempt of court, and would be so held in contempt, and in the exercise of my judgment, I could have you imprisoned for a term of not longer than six months. Do you understand that?
A Yes, I understand.
Q Now, knowing this, would you be willing to testify?
A I exactly don’t remember what happened. One reason was, I was drinking, and I don’t exactly remember.
Q Well, do you remember anything about the incident involving your child, Julio Mirado, age approximately two and a half years? You know the child we are referring to?
A Yes.
Q And this incident occurred on or about January 7th of this year. Do you remember the time? Do you remember anything about the incident?
A I don’t know. The only thing I remember was, this was Christmas for Puerto Ricans and I was drinking.
Q Were you completely intoxicated?
A I was drinking since early noon with my husband, then he went to see his parents.
Q To see his parents, is that it?
A Yes.
Q Do you remember when he came back to your house?
A No, I was sleeping when he came in the house.
Q Did you see anything of this—
A I was in the bathroom. I woke up dozey and I went into the bathroom.
[366]*366Q Did you see him there with the child?
A I went into the kitchen. I didn’t see anything. Q You didn’t see anything.
A No.
Q What about the — will you show her the statement? Is it a signed statement by her?
MR. WELZ [PROSECUTOR] Yes, Your Honor.
THE COURT: Show it to her.
BY THE COURT:
Q Do you remember giving this statement and signing it?
A He slapped me?
Q I don’t know. Just read it.
A I don’t remember. I was drunk.
Q Is that your signature to it?
A Yes.
Q But you don’t remember telling these things to the officer?
A I was so drunk, I don’t remember. The only thing I remember was when I called him at his mother’s place. Q Was that before or after this incident?
A After I was home.
Q Do you remember anything about this matter at all?
A No. I don’t, no.
Q Do you remember signing this paper here?
A It’s my signature, but I don’t remember signing it.
Q But it is your signature?
A Yes, it is.
Q How long have you been married?
A February 28th.
Q That was after the time of this alleged incident?
A Yes.
Q You are living with your husband now?
A Yes.
[367]*367Q How are you getting along together?
A Fine. [Emphasis provided]

After this examination, the court told appellant that “the Commonwealth believes that you have not told the truth when you told me that you did not remember anything of what went on . concerning the case here in court” and that if the Commonwealth proves this, “then you would be in contempt of court”. An attorney was provided for appellant and a contempt proceeding was scheduled for the next day.

At the start of said contempt proceeding, appellant was examined and she reiterated the testimony that she gave on the previous day:

THE COURT: .... Mrs.

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Cite This Page — Counsel Stack

Bluebook (online)
409 A.2d 392, 487 Pa. 362, 1979 Pa. LEXIS 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-tirado-pa-1979.