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COMMONWEALTH PENNSYLVANIA v. PAUL KAMENAR (10/21/86)

filed: October 21, 1986.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
PAUL KAMENAR, APPELLANT



Appeal from the Judgment of Sentence dated May 24, 1985, of the Court of Common Pleas of Allegheny County, Criminal Division, at No. 8401356-A

COUNSEL

Bruce A. Antkowiak, Pittsburgh, for appellant.

Edward M. Clark, Assistant District Attorney, Pittsburgh, for Com., appellee.

Brosky, Del Sole and Montgomery, JJ.

Author: Montgomery

[ 358 Pa. Super. Page 63]

The Appellant, Paul Kamenar, files the instant appeal following the denial of post-trial motions, and the imposition of a judgment of sentence upon his conviction on a charge of recklessly endangering another person. Numerous claims of error are raised on appeal.

The procedural and factual history of this case are somewhat unusual. The Appellant, a former police officer of the Kennedy Township Police Department, in Allegheny County, was originally charged with 110 counts of criminal violations. At a jury trial held in the case, the lower court, acting upon a defense motion, dismissed 106 of the counts at the close of the Commonwealth's presentation of its evidence. The jury considered the four remaining charges, which were conspiracy, recklessly endangering another person, official oppression, and solicitation. The jury returned a verdict finding the Appellant guilty on the conspiracy and recklessly endangering another person counts. The Appellant thereafter submitted a motion for a new trial and/or in arrest of judgment. While the motion for a new trial was denied, the trial court granted the motion for arrest of judgment as to the conspiracy charge. The Appellant was thereafter sentenced on the single recklessly endangering charge, and this appeal followed.

A generalized and much condensed recitation of the facts will suffice for purposes of considering the matters pertinent to the disposition of this appeal. In essence, the record indicates that in approximately April, 1983, the Kennedy

[ 358 Pa. Super. Page 64]

Township Police Department began to receive complaints of various types of incidents arising in a residential area of the municipality. Many such complaints came from Darlene Barron, a resident in the area. The reports included several involving incidents of gun shots in the area, over a period of several months. Surveillance of the area, especially near Ms. Barron's home, was conducted on several occasions by police officers. On January 21, 1984, a Kennedy Township police officer conducting such surveillance from inside a residence next door to the Barron dwelling, observed someone discharge a hand gun out of the rear window of Ms. Barron's home, and into a wooded hillside behind it.

After obtaining a search warrant, the police searched the Barron residence, recovered a firearm and ammunition, and placed Ms. Barron under arrest. During questioning by police, and again at trial, Ms. Barron related that she had been having an intimate relationship with the Appellant, and that he had purportedly provided ammunition, induced her to fire the gun into the hillside, and to make false reports, as part of a scheme to discredit his superior, the Chief of Police of the Kennedy Township Police Department.

As noted earlier, the Appellant raises numerous contentions of error, seeking the reversal of his conviction and judgment of sentence. Inter alia, he contends that the evidence was insufficient to support the charge of recklessly ...


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