No. 1238 October Term, 1979, Appeal from Order of the Court of Common Pleas, Criminal Division, of Lancaster County, at No. 1376 of 1978.
Ronald L. Buckwalter, District Attorney, Lancaster, for Commonwealth, appellant.
David F. Wedge, Lancaster, for appellee.
Price, Cavanaugh and Watkins, JJ. Price, J., concurs in the result.
[ 280 Pa. Super. Page 419]
Appellee, Michael Xavier Pfender, is charged with arson and related offenses*fn1 in Lancaster County. Pfender's former attorney met with the District Attorney to discuss the charges and thereafter an agreement was reached whereby Pfender would voluntarily undergo a polygraph (lie detector) test. The proposed use of the polygraph test results was set forth in a stipulation signed by Ronald L. Buckwalter, District Attorney of Lancaster County, Samuel M. Mecum, Pfender's attorney and appellee. The stipulation provides:
AND NOW, this 30 day of October, 1978, Michael Xavier Pfender, Defendant in the above-captioned matter, and Ronald L. Buckwalter, Esquire, District Attorney of Lancaster County, hereby stipulate and agree as follows:
1. Defendant Michael Xavier Pfender agrees to submit himself to a Polygraph (lie detector) test, which test will be designed to determine whether or not Defendant Pfender is telling the truth, in connection with his recollection of events transpiring at the Willow Street Mobile Home Park, 1014 Willow Street Pike, Lancaster, Pennsylvania, on or about the date of April 16, 1978.
2. The Polygraph, or lie detector test is to be administered by any qualified member of the Lancaster City Police Department.
[ 280 Pa. Super. Page 4203]
. It is agreed on part of Defendant Pfender that, should the results of the Polygraph indicate deception, these results may be used against him in connection with information No. 1376 of 1978.
4. On part of Ronald L. Buckwalter, Esquire, District Attorney of Lancaster County, it is agreed that, should the results of the Polygraph test indicate no deception on the part of Defendant Pfender, information No. 1376 of 1978 shall be nol prossed (dismissed).
5. Defendant Michael Xavier Pfender expressly certifies that this Stipulation is entered voluntarily on his part, after having had his legal rights explained to him by his attorney, Samuel M. Mecum, Esquire, of 121 East King Street, Lancaster, Pennsylvania, and further certifies that he has been made aware of the fact that he is not required to enter into the above Stipulation, and does so, * * * any rule of law or of court to the contrary notwithstanding.
STIPULATED AND AGREED the day and year first above written.
By: /s/ Michael Xavier Pfender
Defendant Michael Xavier Pfender
GLAZIER, MINNEY, MECUM ...