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EDWARD LEWIS v. COMMONWEALTH PENNSYLVANIA (10/06/86)

decided: October 6, 1986.

EDWARD LEWIS, 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 Edward Lewis, Parole No. 9056-R, dated October 22, 1985.

COUNSEL

Cynthia N. Keller, Assistant Public Defender, for petitioner.

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

Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 101 Pa. Commw. Page 228]

Edward Lewis (Petitioner) has petitioned for review of an order of the Pennsylvania Board of Probation and Parole (Board) dated October 22, 1985, refusing his request for administrative relief from an order of the Board revoking his parole and ordering him to serve 18 months backtime as a technical parole violator. We affirm.

On May 14, 1985, the Board issued an order finding the Petitioner had violated four technical conditions of his parole*fn1 and ordering him to serve 18 months backtime, the maximum under the presumptive ranges set forth in 37 Pa. Code ยง 75.4. On July 3, 1985, the Petitioner filed with the Board a Request for Administrative Relief which was dismissed by the Board on July 26, 1985, as untimely. On September 4, 1985, the Board received a letter from Ms. Antonette Carletti, whose testimony supported the Board's finding that the Petitioner violated two conditions of his parole,*fn2 and who had recently given birth to the Petitioner's child. Ms. Carletti's letter reads, in pertinent part:

[ 101 Pa. Commw. Page 229]

The reason why I'm writing to you is because back in January, I decided to end my relationship with Eddie [the Petitioner]. I got in touch with his parole officer Mr. Neuman, I felt Ed needed help dealing with the problems we were having.

Mr. Newman [sic] stated to me that he would talk to Ed and possibly get him into therapy. Instead Mr. Neuman had him recommited [sic] to Delaware County Prison, Thorton, Pa. Two months later Mr. Neuman came to my home with a subpeona [sic] saying I was to go to the Delaware County Prison to testify against Ed. He threatened me, saying if I didnt [sic] go he would have me picked up.

I was afraid by not showing up I would end up in legal trouble. I believe Mr. Neuman led me on saying he was trying to help Ed. All along he was getting him recommited. [sic] Mr. Neuman also new [sic] I was pregnant with Ed's child at the time of his hearing, and that I was mixed up and confused.

Eddie is now serving eighteen months and has already served seven. I feel this is my fault for the things I exaggerated to Mr. Neuman.

I now have a son by Ed. Everytime I look at Micheal, I feel all the pain his father is going through. It is a great shame that his father isn't ...


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