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RICHARD FALASCO v. COMMONWEALTH PENNSYLVANIA (03/04/87)

decided: March 4, 1987.

RICHARD FALASCO, 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 Richard Falasco, Parole No. 5029-H, dated May 30, 1986.

COUNSEL

Vincent P. DiFabio, for petitioner.

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

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 104 Pa. Commw. Page 322]

In this parole revocation appeal, Richard Falasco, Petitioner, appeals here an order of the Pennsylvania Board of Probation and Parole (Board) denying him administrative relief from a Board parole revocation order. That revocation order revoked his parole and returned him to prison as a technical parole violator to serve eighteen months on backtime. We affirm.

Falasco was initially convicted of Burglary,*fn1 Theft,*fn2 and Conspiracy*fn3 in Chester County Common Pleas Court and sentenced on February 23, 1981, by the Honorable John E. Stively, Jr., to a term of twenty-three to fifty-nine months. That sentence had an effective date of June 7, 1979 and making the minimum term expiration date May 7, 1981 and the maximum term expiration date May 7, 1984. He was granted parole by the Board effective May 7, 1981 at which time he was released from confinement. In the spring of 1982, he absconded from supervision and the Board declared him delinquent effective May 6, 1982.

Falasco was arrested on November 6, 1985 at his mother's residence in Spring City, Pennsylvania, and confined in the Chester County Prison. His parole

[ 104 Pa. Commw. Page 323]

    agent, John Anthony, interviewed him the same day at the Chester County Prison at which time he admitted to Mr. Anthony that he had moved from his approved address in Phoenixville, Pennsylvania, and absconded from parole supervision but he claimed he did so only because he was in fear for his life after testifying as a Commonwealth witness in a number of criminal cases. The Board subsequently charged Falasco violated the conditions of his parole by changing his approved residence without the permission of the parole supervision staff*fn4 and failed to report to his parole agent as instructed.*fn5

A parole Violation Hearing was held before a Board hearing examiner at the Chester County Prison on January 13, 1986. At that hearing, Falasco, represented by counsel, admitted to failing to report to his parole agent but denied he ever moved from his approved residence in Phoenixville. Agent Anthony testified over the objection of defense counsel that Falasco admitted to him he had moved from the Phoenixville address during his interview with him on November 6, 1985 in the Chester County Prison. Following the hearing, the Board, by order dated March 20, 1986, found he violated both conditions of parole and recommitted him to prison to serve eighteen months on backtime for multiple technical parole violations. The Board also recomputed his maximum term expiration date to November 7, 1987. Falasco filed an administrative appeal with the Board which was denied on May 30, 1986, and this appeal followed.

In this appeal, Falasco contends that (1) the Board hearing examiner erred when he admitted hearsay documents into ...


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