Appeal from the Order of the Pennsylvania Board of Probation and Parole, in case of Frederick Bandy, Parole No. 8219-J, dated July 15, 1986 and July 22, 1986.
J. Karen Arnold, Assistant Public Defender, 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.
[ 108 Pa. Commw. Page 388]
In this parole revocation appeal, Frederick Bandy, Petitioner, appeals two orders of the Pennsylvania Board of Probation and Parole (Board) denying his administrative appeals from a Board parole revocation order. That parole revocation order recommitted him as a convicted parole violator to serve sixty months on backtime. We affirm.
Bandy was originally sentenced in August, 1974, in Philadelphia County Common Pleas Court to a term of ten to twenty years as a result of his convictions for Second
[ 108 Pa. Commw. Page 389]
Degree Murder*fn1 and Robbery.*fn2 The Board granted him parole on that sentence and he was released from the State Correctional Institution at Camp Hill (SCI-Camp Hill) on August 14, 1984.
On August 20, 1985, he was arrested by Philadelphia Police and charged with Robbery, Aggravated Assault,*fn3 Simple Assault,*fn4 Attempted Theft by Unlawful Taking or Disposition,*fn5 and Possession of an Instrument of Crime (PIC).*fn6 These charges stemmed from a complaint filed by one Debra Allison who alleged that he stabbed her in the arm and leg with a knife and attempted to steal her money. On February 25, 1986, he was convicted of all of those charges except PIC. A sentence of two to four years was imposed by the common pleas court for those new convictions.
Bandy was given a parole Revocation Hearing before a Board hearing examiner on May 2, 1986, at the Philadelphia County Prison. He waived counsel representation and admitted he was convicted of the offenses charged and that he was sentenced to a term of two to four years. He also testified that Ms. Allison was his girlfriend and that the charges were fabrications made up by her in an attempt to get even with him for being with another female. Bandy's parole agent submitted a certified copy of a Philadelphia County Common Pleas Court criminal docket sheet showing he was convicted of Robbery, Aggravated Assault, Simple Assault, and Attempted Theft by Unlawful Taking or Disposition. Subsequently, the Board revoked his parole and recommitted
[ 108 Pa. Commw. Page 390]
him as a convicted parole violator to serve sixty months on backtime.*fn7 He then filed two pro se administrative appeals that were denied by the Board on July 15, 1986, and July 22, 1986.
In this appeal, Bandy raises numerous assignments of error that we shall address in turn. In so doing, we are cognizant that our limited scope of review under Section 704 of the Administrative Agency Law, 2 Pa. C.S. § 704, requires that we affirm the Board's order unless necessary findings are unsupported by substantial evidence, an error of law committed, or a constitutional right of the parolee violated. Zazo v. Pennsylvania Board of Probation and Parole, 80 Pa. Commonwealth Ct. 198, 470 A.2d 1135 (1984).
[ 108 Pa. Commw. Page 391]
We shall first address Bandy's contention that the transcript of his May 2, 1986, Revocation Hearing is woefully incomplete and therefore insufficient for this Court to properly conduct a meaningful review. We have previously held that the Board must provide a complete record of its proceedings, including a verbatim transcript of the hearing where necessary, so that this Court may conduct a meaningful review of the issues raised on appeal. LaBoy v. Pennsylvania Board of Page 391} Probation and Parole, 74 Pa. Commonwealth Ct. 332, 459 A.2d 916 (1983); Brown v. Pennsylvania Board of Probation and Parole, 70 Pa. Commonwealth Ct. 597, 453 A.2d 1068 (1982); Pa. R.A.P. 1951(a). Where the record provided by the agency is so unintelligible that it precludes us from reaching a decision on the merits, we have remanded the matter back to the agency for a new hearing and the making of a complete record. See e.g., Clark v. Department of Public Welfare, 45 Pa. Commonwealth Ct. 38, 404 A.2d 774 (1979). Our review of the record provided by the Board, including the six page transcript of Bandy's May 2, 1986, Revocation Hearing, satisfies us that it is sufficient to enable us to perform our appellate review function.
Bandy's chief complaint with the record is the number of "inaudible" notations found in the hearing transcript. By his count, the six page transcript contains twelve such notations. In Clark, we remanded the case back to the Department of Public Welfare where its eight page transcript contained nineteen "inaudible" notations and essential information was absent. Despite the number of such notations in this transcript, there is only one part of the testimony that causes us concern. That portion reads as follows:
HEARING EXAMINER ALLISON: What were the circumstances surrounding the conviction that you want ...