Consolidated appeals from the Orders entered July 22, 1985 in the Court of Common Pleas of Philadelphia County, Criminal, No. 84-08-880-885 and 84-08-886-891.
Gaele M. Barthold, Deputy District Attorney, Philadelphia, for Commonwealth, appellant.
Richard H. Knox, Philadelphia, for appellee (at 2177).
Peter Rosalsky, Assistant Public Defender, Philadelphia, for appellee (at 2178).
McEwen, Del Sole and Kelly, JJ. Del Sole, J., files a concurring opinion.
[ 364 Pa. Super. Page 355]
The Commonwealth has undertaken these appeals from an order which suppressed the inculpatory statements of appellees John Gilbert and Vincent Gilbert. We have consolidated these appeals for consideration of the sole issue presented by both appeals, namely, whether the preliminary arraignment of the brothers was held within six hours after their arrest, pursuant to the rule established by the Pennsylvania Supreme Court in Commonwealth v. Davenport, 471 Pa. 278, 370 A.2d 301 (1977). We conclude that the order of suppression must be reversed.
[ 364 Pa. Super. Page 356]
Our first task is, of course, to determine whether the factual findings of the suppression court are supported by the record, Commonwealth v. Monarch, 510 Pa. 138, 146, 507 A.2d 74, 78 (1986); Commonwealth v. Fischer, 348 Pa. Super. 418, 420, 502 A.2d 613, 614 (1985), for the law is clear that we are bound by such factual findings of the suppression court as are supported by the record. Commonwealth v. Chamberlain, 332 Pa. Super. 108, 111, 480 A.2d 1209, 1211 (1984); Commonwealth v. Chiesa, 329 Pa. Super. 401, 403, 478 A.2d 850, 851 (1984). We are not, however, bound by the conclusions of law reached by the hearing court and we may reverse the suppression court when those conclusions are in error. Commonwealth v. Brown, 328 Pa. Super. 207, 209, 476 A.2d 965, 966 (1984).
The opinion of the distinguished hearing judge reflects his careful analysis of the record and thoughtful study of the prevailing principles of law. Moreover, our conclusion relies upon the following findings of the hearing court:
Vincent Gilbert completed his statement to the police at 1:50 a.m., while the statement of John Gilbert was completed at 3:03 a.m.
Vincent Gilbert was arraigned at 4:12 a.m., two minutes after his brother John had been arraigned at 4:10 a.m.
We differ, however, with the conclusions of the hearing court that John Gilbert was placed under arrest at 10:05 p.m., and that Vincent Gilbert was placed under arrest at 10:10 p.m., since our review of the record leads us to conclude that each of the arrests occurred several minutes thereafter and, as a result, within the crucial six hour ...