HomeMy WebLinkAbout99-0849 criminalCOMMONWEALTH OF :IN THE COURT OF COMMON PLEAS OF
PENNSYLVANIA :CUMBERLAND COUNTY, PENNSYLVANIA
v. : No. 99-0849 CRIMINAL
JUAN A. ORTIZ
Defendant
IN RE DEFENDANT'S MOTION TO SUPPRESS AND COMMONWEALTH'S
MOTION PURSUANT TO 42 Pa. C.S.A..65985.1
BEFORE HOFFER, P.J.
ORDER OF COURT
AND NOW, ~ ~, 2000, after consideration of the briefs submitted bY
both parties, the facts of record, and the applicable law, defendant's motion to
suppress all statements given to the Cumberland County Children and Youth
Services caseworker, Lauren Cummings, is granted. See Commonwealth v.
Ramos, 367 Pa. Super. 84, 532 A.2d 465 (1987). The court also notes that the
District Attorney has stipulated that Lauren Cummings did not give a Miranda
warning to the defendant prior to questioning him.
The Commonwealth's motion to admit the testimony of Selena Ortiz, age three, is
granted pursuant to the following reasons:
(1) this court, having held an in camera hearing, finds that the
statements are relevant, and that the time, content, and
circumstances of the witness's statements provide sufficient indicia
of reliability to admit the statements;
(2) this court also finds that the evidence presented shows that the child
will suffer serious emotional distress such that she cannot
reasonably communicate, and is therefore unavailable.
By the Court,
Ellen K. Barry
First Assistant Public Defender
Attorney for the Defendant
Jaime Keating
Chief Deputy District Attorney
For the Commonwealth
2