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COMMONWEALTH v. DOOLEY (06/16/67)

decided: June 16, 1967.

COMMONWEALTH
v.
DOOLEY, APPELLANT



Appeal from order of Court of Quarter Sessions of Crawford County, Nov. T., 1964, No. 21, in case of Commonwealth of Pennsylvania v. John Dooley, Jr.

COUNSEL

George T. Forssell, Jr., for appellant.

Paul D. Shafer, Jr., Assistant District Attorney, with him John Fuller, Assistant District Attorney, for Commonwealth, appellee.

James M. Carter and Marjorie Hanson Matson, for amicus curiae.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Ervin, P. J. Wright, J., concurs in the result.

Author: Ervin

[ 209 Pa. Super. Page 520]

The appellant, John Dooley, pleaded guilty to a charge of assault with intent to ravish on November 12, 1964. He was not sentenced pursuant to the provisions of The Penal Code, June 24, 1939, P. L. 872, § 722, 18 PS § 4722. Dooley was sentenced instead on February 5, 1965 to a term of one day to life under the Barr-Walker Act, January 8, 1952, P. L. (1951) 1851, 19 PS §§ 1166-1174. The procedures under which that sentence was imposed were apparently consistent with

[ 209 Pa. Super. Page 521]

    the then existing interpretation of that act. Dooley was subjected to psychiatric examination and a report based on that examination, plus matters not in the record of the criminal proceedings, was made by the Department of Welfare to the sentencing court on January 14, 1965. This report did not state that Dooley is "mentally ill" but stated that "He is a danger to the public if at large both from the standpoint of his fire setting, which is in itself a form of sexual deviation, and from the standpoint of his direct sexual aggressive behavior." This report was based upon an underlying psychological and psychiatric examination which incorporated evidentiary matter not adduced during the course of trial.

On April 28, 1966, the Court of Quarter Sessions of Crawford County vacated the Barr-Walker sentence imposed upon Dooley and ordered a new hearing to meet the due process requirements held requisite by the United States Court of Appeals for the Third Circuit in Barr-Walker proceedings: United States ex rel. Gerchman v. Maroney, 355 F. 2d 302 (discussed infra). This new hearing was held on July 11, 1966. No new examinations were made of Dooley, but the assistant superintendent of the Warren State Hospital, Dr. Urbaitis, was called. Dr. Urbaitis testified that the original report was prepared by other doctors under his supervision and that he also had some personal contact with Dooley during the course of the examination. Objection was made to any testimony from Dr. Urbaitis which was not the result of his own observation but this was overruled.

Dr. Urbaitis also testified that, in his opinion, Dooley was not "mentally ill" but that he did present a danger to society.

Another psychiatrist, Dr. Baker, a psychiatric consultant to the State Correctional Institution at Pittsburgh, also ...


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