Appeal from Order of the Court of Common Pleas, Criminal Division, of Berks County, No. 83193001.
Lawrence Sager, Pottstown, for appellant.
Charles M. Guthrie, Jr., Assistant District Attorney, Reading, for Commonwealth, appellee.
Wieand, Cirillo and Roberts, JJ.
[ 347 Pa. Super. Page 616]
Where a mistrial and continuance have been granted on motion of the defendant following allowance of a Commonwealth request to amend the information, do principles of double jeopardy bar a second trial? Appellant argues that because the trial court suggested in the first instance that a
[ 347 Pa. Super. Page 617]
motion for mistrial would receive favorable consideration, a second trial is barred unless the mistrial was manifestly necessary. We reject this argument and affirm the order denying a defense motion to dismiss.
James F. Campitelli, a police officer, was arrested and charged with bribery, accepting bribes, intimidating witnesses, official oppression and indecent assault as a result of an incident in which Campitelli allegedly threatened to arrest a young woman and her boyfriend unless the young woman agreed to engage in sexual intercourse with him. After a jury had been empanelled and sworn, the trial court suggested during a sidebar conference that several counts of the information should be amended to identify the names of the victims. When the Commonwealth moved for leave to amend, the request was opposed by the defense. The trial court overruled the objection and allowed the amendment. The following then occurred:
THE COURT: If you do plead surprise and you want to ask for a Bill of Particulars as it affects each of the alleged victims, that's another matter.
MR. SAGER: Well, certainly, Your Honor. I shall.
THE COURT: Any objection?
MR. KATZENMOYER: No, Your Honor, if that's what ...