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GEIGER APPEAL (03/30/72)

decided: March 30, 1972.

GEIGER APPEAL


Appeal from order of Court of Common Pleas, Family Court Division, of Philadelphia, May T., 1970, No. 149005, in the matter of Alphonso Geiger, a minor.

COUNSEL

Martha K. Treese, Assistant Defender, with her Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him James T. Ranney, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 221 Pa. Super. Page 112]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from an adjudication of delinquency based on a rape charge.

Alphonso Geiger, a 15-year-old, was arrested on May 28, 1970, at 6:30 p.m., on Market Street in Philadelphia. The arresting officer testified that Geiger was arrested because he resembled a description of a rapist furnished by a rape victim.

[ 221 Pa. Super. Page 113]

Geiger was taken to the police station, at which time he was warned of his rights as required by Miranda v. Arizona, 386 U.S. 436 (1966), and interviewed by a Detective Chidester. During this interrogation, according to Chidester, appellant "told me that he did attack a woman in the subway and that he did rape the woman in the subway. The interrogation was halted at this point. I was busy notifying the complainants and other witnesses to come in and I was making arrangements for a lineup. He [appellant] was given lunch at 10:45. He was placed in the standup at 11:00 p.m. [at which he was not identified]. At 12:01 a.m. he was taken to the Police Administration Building. At 4:20 a.m. he was given a polygraph examination, and he was interviewed at this time and gave us an oral statement to myself and Lieutenant Robert Clark."

According to Chidester, the first oral statement was made at 8:50 p.m. and the second oral admission was made at the Police Administration Building at 5:05 a.m. Following appellant's admission at 5:05 a.m., he was transported back to Central Detective Headquarters where he was placed in another lineup. He was not identified. After the lineup appellant was interviewed again beginning at about 7:35 a.m. At 8:00 a.m. he was given breakfast. Thereafter, appellant was ordered to change his clothes, and subsequently at 12:15 p.m., he was again taken down to the Police Administration Building for a second polygraph examination. From the time of appellant's early morning arrival at Central Detective Headquarters, located at 20th and Pennsylvania Avenue, until he was taken back shortly after noon to the Police Administration Building, located at 8th and Race Streets, he was allowed brief periods of rest while being kept in a locked, 8' x 12' interrogation room. During those rest periods appellant was observed

[ 221 Pa. Super. Page 114]

    napping on top of the table in the lighted room. No other sleeping facilities were offered.

From 12:15 p.m. until 3:00 p.m. appellant was subjected to the second polygraph examination. At about 4:00 p.m. appellant commenced the giving of a written ...


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