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GEIGER APPEAL (09/19/73)

decided: September 19, 1973.

GEIGER APPEAL


Appeal from order of Superior Court, Oct. T., 1971, No. 943, affirming order of Court of Common Pleas, Family Court Division, of Philadelphia, May T., 1970, No. 149005, in re in the matter of Alphonso Geiger.

COUNSEL

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

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

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Pomeroy. Mr. Chief Justice Jones, Mr. Justice Eagen and Mr. Justice Manderino concur in the result.

Author: Pomeroy

[ 454 Pa. Page 52]

The appellant, Alphonso Geiger, was adjudicated a delinquent on two rape charges by the Juvenile Branch of the Family Division, Court of Common Pleas of Philadelphia, on June 26, 1970. He was subsequently ordered confined in the Youth Development Center South in Philadelphia. A petition for rehearing*fn1 was

[ 454 Pa. Page 53]

    filed and denied, and appellant prosecuted a direct appeal to the Superior Court, where his adjudication of delinquency was affirmed in a per curiam order entered without opinion. Geiger Appeal, 221 Pa. Superior Ct. 111, 288 A.2d 911 (1972).*fn2 We granted allocatur to review the question of whether a signed confession was properly admitted before the Juvenile Court. We conclude that it was not.

Two similar rapes were committed in the Philadelphia subway on April 25 and May 24, 1970. On May 28, 1970, at approximately 6:30 p.m., Geiger, then 15 years of age, was arrested for those offenses by a detective who matched his appearance to that of a composite drawing prepared from descriptions obtained from the victims. Appellant was searched (two knives were discovered), given Miranda warnings, and taken in custody to the Central Detective Office, where he was again given the constitutionally required warnings. Police officers testified that at 8:50 p.m. Geiger admitted his complicity, but furnished no details.

Arrangements were then made to bring the victim to a line-up, which took place at 11:00 p.m. Geiger, who had been furnished a meal meanwhile, was in the line-up but was not identified. He thereafter proved unwilling to repeat his earlier incriminating statement. Thereafter a polygraph examination was conducted, appellant was told the results were unsatisfactory, and he was further interrogated.

At 5:05 a.m. of the second day he again admitted complicity, now providing details of the crimes. A second line-up was arranged (shortly after 5:00 a.m., May 29th) and again appellant was not identified. From that time until 7:30 a.m., appellant was left in an

[ 454 Pa. Page 54]

    eight-by-twelve detention room, furnished with three or four chairs and a six-foot long table, and was permitted to rest. He was then briefly interrogated, fed breakfast, and left alone until 10:40 a.m., at which time he changed into clothing obtained ...


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