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COMMONWEALTH PENNSYLVANIA v. DONALD HILL (04/23/82)

submitted: April 23, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
DONALD HILL, APPELLANT



No. 2753 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas, Family Division-Juvenile Branch, of Philadelphia County at No. 6453-81-7, 209623.

COUNSEL

Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Wickersham, Brosky and Wieand, JJ.

Author: Wickersham

[ 305 Pa. Super. Page 561]

On September 22, 1981 an adjudicatory hearing was held before the Honorable Paul A. Tranchitella in the Court of

[ 305 Pa. Super. Page 562]

Common Pleas of Philadelphia, Family Division-Juvenile Branch, in the matter of Donald Hill.

Detective Domenic Bellizzie testified at the hearing that on July 8, 1981 he took Donald Hill and three other young males into custody, gave them their constitutional warnings and held them in the juvenile aid holding room. He testified:

Q. Detective, did you fully explain the defendant's constitutional rights to him at this time?

A. Yes, I did.

Q. Did you know the age of the defendant?

A. Seventeen years old.

Q. Did you attempt to contact a parent or parents of the defendant?

A. We contacted the defendant's mother.

Q. How did you do that?

A. By phone.

Q. Did you ask his mother to come down to Northwest?

A. Yes, I did.

Q. What was her answer to you?

A. She was unable to get there at that time, Your Honor. I then read her the boy's rights over the phone.

I explained to her the charges, had the boy speak to his mother, at which time I talked to her and she said it was all right for him to give a statement to me.

Q. After talking to the mother and giving her the warnings, did you ask this defendant and question him as to his understanding of his rights?

A. Yes.

Q. Did he have an opportunity to have something to eat or drink during that time?

A. I think he went to the men's room and he had a drink, I believe. I am not positive.

Q. Did you take a statement?

A. Yes, I did.

[ 305 Pa. Super. Page 563]

Q. Did you ever speak to the defendant's mother after you had taken the statement?

A. Yes, I did.

Q. Will you tell us how and where?

A. After the statement was taken, approximately forty-five minutes to an hour after that -- I guess that would be around 6:30 p.m., the boy's mother and father did come in, at which time I read the statement to them and they had no objections to it at that time.

Q. Detective, you did say that the defendant talked to his mother on the phone?

A. Yes, he did.

Q. Do you know how long that conversation lasted; ...


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