Bruce E. Mattock, Asst. Public Defender, County of Westmoreland, Greensburg, for petitioner.
Robert Greevy, Chief Counsel, Timothy P. Wile, Asst. Chief Counsel, Harrisburg, for respondent.
Crumlish, Jr., President Judge, Colins, J., and Narick, Senior Judge.
[ 126 Pa. Commw. Page 528]
Joseph C. Stockdill (petitioner) petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) recommitting petitioner as a technical parole violator. We reverse.
Petitioner was paroled by the Board from SCI-Pittsburgh on December 3, 1986, from a sentence of five to ten years resulting from his conviction on three counts of attempted
[ 126 Pa. Commw. Page 529]
murder. He was paroled to Ohio and was under the supervision of the Ohio State Parole Authority, Youngstown Unit 1.
Condition No. 1 of his parole required that petitioner refrain from leaving the parole district without prior written permission of the parole supervision staff. On several occasions, petitioner received permission to travel to Kittanning, Pennsylvania to visit his son and daughter. However, on October 9, 1987, petitioner was informed by the Ohio parole authorities that no further travel permits to Kittanning would be approved.
A criminal complaint was filed on November 12, 1987 by a Kittanning Police Officer, charging petitioner with being in Kittanning on October 18, 1987, and assaulting one Douglas Jageman. Petitioner was arrested on these charges by his Ohio parole agent on January 15, 1988. He waived extradition to Pennsylvania and was returned to Armstrong County Prison on January 21, 1988. Petitioner was acquitted of these criminal charges following a trial on April 13, 1988.
Despite petitioner's acquittal, the Board pursued a parole violation hearing before a hearing examiner on May 3, 1988.*fn1 At this hearing, Mr. Kenneth Wolfe, an inmate at the Armstrong County Prison testified. The parole agent assigned to petitioner's case in Pennsylvania, Agent Uram, questioned Mr. Wolfe as to prior statements Mr. Wolfe had made to him on February 4, 1988, at the prison. When asked whether he had seen petitioner at his residence in Kittanning on October 17 or 18, 1987, Mr. Wolfe answered in the negative. At that point, Mr. Wolfe was declared a hostile witness and Agent Uram was permitted to cross-examine him with regard to their conversation of February 4, 1988. The record reveals that Agent Uram never ...