Appeal from the Order of the Court of Common Pleas of Philadelphia County in case in In Re: District Attorney's Investigation of Police Shooting of Jose Reyes, Trial Division, Criminal Section, Miscellaneous No. 78-00-0949.
Burton A. Rose, with him Peruto, Ryan & Vitullo, for appellant.
Joseph C. Murray, with him Paul S. Diamond, for appellee.
President Judge Bowman and Judges Wilkinson, Jr., Mencer, Rogers, Blatt and DiSalle. Judge Crumlish, Jr. did not participate. Opinion by President Judge Bowman.
[ 36 Pa. Commw. Page 319]
On July 2, 1977, Jose Reyes was shot and killed, allegedly by officer Gerald Salerno of the Philadelphia Police Department. An investigation by the office of the Philadelphia District Attorney (DA) was launched.
On August 3, 1977, several police officers refused a request of the DA to appear at his office and give statements with regard to the Reyes shooting.
On August 5, 1977, the DA filed a petition with the Court of Common Pleas of Philadelphia County asking "confirmation" of the alleged subpoena power
[ 36 Pa. Commw. Page 320]
of the DA under Section 8-409 of the Philadelphia Home Rule Charter.*fn1 (At this point in time, no subpoenas had been issued.) This petition was granted on August 18, 1977.
The police officers so requested to appear before the DA (appellants in these proceedings) filed with the Pennsylvania Supreme Court a petition for a writ of prohibition. On December 23, 1977, this petition, along with a motion of the DA for the Supreme Court to assume plenary jurisdiction, was denied. In re Reyes, 476 Pa. 59, 381 A.2d 865 (1977).
The DA then issued subpoenas to appellants commanding them to appear at his office on January 19, 1978. On advice of ...