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JOSEPH GAITO v. PENNSYLVANIA BOARD PROBATION AND PAROLE (10/19/78)

decided: October 19, 1978.

JOSEPH GAITO, JR., PETITIONER
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, ET AL., RESPONDENTS



Original jurisdiction in case of Joseph Gaito, Jr. v. Pennsylvania Board of Probation and Parole, et al.

COUNSEL

Joseph Gaito, Jr., petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Gerald Gornish, Acting Attorney General, for respondents.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt, DiSalle, Craig and MacPhail. Opinion by Judge Craig.

Author: Craig

[ 38 Pa. Commw. Page 201]

A petition for review filed by Joseph Gaito, Jr., petitioner, against the Pennsylvania Board of Probation and Parole (Board) has raised various questions concerning his arrest and recommitment as a parole violator and the crediting of detention and parole time to his sentences.

The board has filed preliminary objections, in the nature of a demurrer.

Successive orders of this court treated the petition for review as one addressed to this court's original jurisdiction and then provided that the matter shall be submitted on briefs, which has been done.

Petitioner's averments, which we treat as correct for the sole purpose of this decision, note that, after petitioner had served beyond the minimum of a previous sentence at the state correctional institution at Pittsburgh, the Board placed him on parole November 18, 1976.

About a month later, Allegheny County detectives sought petitioner to question him about the shooting deaths of his estranged wife and her male companion.

When petitioner's parole agent became aware that the police were seeking him, the agent called petitioner's employer to learn that petitioner was not at work and also appeared at petitioner's residence to find nobody home. The Board then authorized the issuance of an arrest warrant for petitioner for technical parole violations, deputizing the Allegheny County Detective Bureau to execute it.

On January 8, 1977, with the aid of an informant police arrested petitioner and charged him with a violation ...


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