HomeMy WebLinkAbout94-0842 Criminal COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : 94-0842 CRIMINAL TERM
: CHARGE: (A) INVOLUNTARY DEVIATE
: SEXUAL INTERCOURSE
: (B) AGGRAVATED INDECENT
: ASSAULT
EDWIN J. MacNAMARA : (C) CRIMINAL TRESPASS
OTN: E0052485 : AFFIANT: SGT. WILLIAM GOODHART
IN RE: OMNIBUS PRETRIAL MOTION
ORDER OF COURT
AND NOW, this 19th day of December, 1994, upon
consideration of Defendant's Motion for Admission of Evidence of
Alleged Victim's Past Sexual Conduct with Defendant Pursuant to
18 Pa. C.S.A. Section 3104, and following a closed hearing at
which the Defendant and his counsel, William G. Braught,
Esquire, were present, and the attorney for the Commonwealth,
Travis N. Gery, Esquire, was present, t~e Court finds with
respect to the Motion as follows:
1. The incident giving rise to the present
charges of Involuntary Deviate Sexual Intercourse, Aggravated
Indecent Assault and Criminal Trespass allegedly occurred on May
12, 1994·
2. The age of the alleged victim is approximately
forty-one.
3. It is alleged in this case that on the
aforesaid date, at approximately 3:30 a.m., the victim awoke in
her bed to find the Defendant performing oral sex upon her.
4.~ The Defendant proposes to offer evidence
tending to show that the Defendant and the alleged victim had
previously engaged in sexual intercourse on an occasion two or
three years prior to May of 1994 at the alleged victim's home
and to offer evidence tending to show that subsequent to that
occasion the Defendant and the alleged victim have engaged in
kissing and other sexual activities, not including sexual
intercourse, at various times.
5. Consent of the alleged victim will be an issue
at the trial in this case.
6. The evidence proffered by the Defendant with
respect to prior activity between the Defendant and the alleged
victim is both relevant and admissible pursuant to the standards
set forth in Section 3104(a) of the Crimes Code.
Based upon the foregoing findings of fact, the
Defendant,s Motion is granted.
By the Court,
Travis N. Gery, Esquire
Assistant District Attorney
William G. Braught, Esquire
Assistant Public Defender
:slr