No. 14 E.D. Misc. Dkt. 1983, Appeal from the Order of the Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, entered January 20, 1983, and docketed at Misc. No. 81-00-6797 C20.
Richard A. Sprague, Nancy D. Wasser, Sprague & Rubenstone, Philadelphia, for petitioners.
Mark S. Gurevitz, Asst. Dist. Atty., Bernard L. Siegel, Eric B. Henson, Philadelphia, for respondent.
Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ. Roberts, C.j., concurs in the result.
Appellants, Kenneth and Andrea Krakower, have brought this matter for review pursuant to Pa.R.A.P. 702(b) and 3331(a)(3)*fn1 and request that this Court reverse the January
, 1983 order of Judge Curtis C. Carson, Jr., Supervising Judge of the Philadelphia Investigating Grand Jury of April 24, 1981 (Grand Jury IV). This matter relates to a fire which occurred at 1824 Chestnut Street in Philadelphia on February 11, 1980.
The Commonwealth initially submitted this case to the Philadelphia Investigating Grand Jury of July 1, 1980 (Grand Jury III). A presentment of that grand jury and resulting criminal complaints lodged against appellants were ultimately quashed on April 30, 1982 as a result of a finding that misleading evidence had been submitted to that jury by the prosecution. The Commonwealth sought review in this Court and by per curiam order of June 24, 1982, we affirmed the action of the court below.
On June 29, 1982 the District Attorney filed a notice of submission of investigation to Grand Jury IV. Appellants filed a petition to quash the notice of submission. On January 20, 1983 after hearing legal arguments but without allowing the taking of testimony, the court below dismissed the motion to quash.*fn2 It is that dismissal of the motion to quash that we are now called upon to review.*fn3
Information presented to Grand Jury III, according to the quashed presentment, indicates that 1824 Chestnut Street, Philadelphia, is owned by Michael DiPaolo. The building, on February 11, 1980, was totally occupied by business and residential tenants. Appellants rented the first floor front store to conduct a women's clothing shop called Capezio. On February 11, 1980 a fire in the shop was reported to the Philadelphia fire department at 6:18 p.m. Responding at 6:20 p.m., the fire department found a fire in the stairwell ...