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WILLIAM FRANK MOORE v. COMMONWEALTH PENNSYLVANIA (03/10/86)

decided: March 10, 1986.

WILLIAM FRANK MOORE, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeal from the Order of the Pennsylvania Board of Probation and Parole in the case of William Frank Moore, Jr., Parole No. 6884-J.

COUNSEL

Robert B. Stewart, III, Chief Public Defender of Huntingdon County, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 95 Pa. Commw. Page 532]

William F. Moore, Jr. (petitioner) was ordered recommitted as a technical parole violator by the Pennsylvania Board of Probation and Parole (Board) for multiple violations.*fn1 Petitioner's request for administrative relief has been denied and this appeal follows.

On August 2, 1984, petitioner was paroled from the State Correctional Institute at Pittsburgh (SCIP) from a sentence of ten (10) to thirty (30) years for a

[ 95 Pa. Commw. Page 533]

    myriad of convictions.*fn2 Temporary living arrangements were established for petitioner at the residence of the Catholic Chaplain for SCIP. While living at the Chaplain's residence, the petitioner had full access and use of the telephone. During this period of transient residency, the local police department received a complaint from a female residing in Scott Township. The complainant alleged that she was receiving obscene telephone calls from a male caller threatening to violently rape her. Additionally, the complainant informed the investigating officer that the department was in receipt of an obscene letter she had received in April of 1984.

A tracing device was placed on the complainant's telephone, and it was determined that two calls were placed from the Chaplain's number, as well as from various pay stations. Officer Devlin of the Scott Township Police Department informed the complainant that the calls were dialed from the Chaplain's telephone. The complainant informed the investigators that she had been to SCIP to visit her brother, and had heard the Chaplain speak, and he definitely was not the caller.

Further investigation by Officer Devlin determined that the only other person who had access to the telephone was the petitioner. Upon receipt of this information, a warrant was issued and petitioner was arrested on September 19, 1984.

Prior to his arrest, petitioner had been to visit his parole officer, Thomas Griffith, on September 14, 1984. Petitioner ...


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