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[U] Commonwealth v. Longo

Superior Court of Pennsylvania

March 3, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
JOSEPH EDWARD LONGO JR., Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence April 4, 2013 In the Court of Common Pleas of Wayne County Criminal Division No(s).: CP-64-CR-0000015-2012

Joseph D. Seletyn, Esq.

BEFORE: PANELLA, MUNDY and FITZGERALD, [*] JJ.

MEMORANDUM

FITZGERALD, J.

Appellant, Joseph Edward Longo, Jr., appeals from the judgment of sentence entered in the Wayne County Court of Common Pleas following his conviction of aggravated indecent assault[1] and indecent assault[2] after a non-jury trial. We affirm.

At trial, the Commonwealth presented the testimony of the victim, A.R., and A.R.'s mother ("Mother"). Mother testified that at the time of the incident, A.R. was six years old. N.T. Trial, 9/18/12, at 8. Mother further testified that A.R. reported to her that Appellant touched her and demonstrated how he had done so by putting her hands in her private area in the front, under her pants, and in her underwear. Id. at 10-11, 24.

A.R. testified that Appellant touched her in the "wrong places." Id. at 30. Specifically, A.R. stated that Appellant touched her with his hands and his mouth while they were under the covers in a bed. Id. at 30-31. She testified that Appellant would usually pull down her pajama pants and put his finger in her private parts, or "downer parts." Id. at 31-32. She stated that Appellant "pulled [her] pants down to [her] underwear and then kissed [her], like on the lower part" and that she could feel his whiskers. N.T. In Camera Testimony, 9/18/12, at 3.[3] A.R. testified that she asked Appellant to stop and he refused. Id.

Appellant offered the testimony of Deirdre Florence and Suzanne Duffy, both of whom were acquainted with Appellant and A.R. They testified that Appellant sought advice from them regarding problems A.R. was having cleaning herself after using the toilet. N.T. Trial, at 42, 44-45. Another defense witness, Dr. Kay Gendron, testified that Appellant was concerned about A.R.'s hygiene. Id. at 49-51. Appellant himself testified that A.R. had difficulty cleaning herself after using the toilet and that he would have to wash her. Id. at 60. He stated that he washed her back, but never her front. Id. at 60-61.

Appellant denied touching A.R. in the way that A.R. describes. Id. at 71. Appellant denied putting his hands in A.R.'s underwear, putting a finger in A.R.'s [anus], and putting his mouth in her private area. Id. at 72-73. Appellant testified that he only touched A.R. to clean her for hygiene reasons. Id. at 73. Appellant testified that he believed that Mother coached A.R. into making the accusations against him. Id. at 76.

On September 18, 2012, the trial court found Appellant guilty of aggravated indecent assault of a child and indecent assault. On April 4, 2013, Appellant was sentenced to ten to twenty years' imprisonment and ordered to register as a sexual offender. Appellant did not file a post-sentence motion, [4] but timely filed a notice of appeal on April 30, 2013.[5] On June 13, 2013, Appellant filed a Pa.R.A.P. 1925(b) statement in compliance with the trial court's May 23, 2013 order.

In his brief, Appellant raises four issues:

Whether the trial court erred in determining that the evidence presented at trial against [Appellant] was contrary to the weight of the evidence with respect to the offense of Aggravated Indecent Assault as charged in Count 2?
Whether the trial court erred in determining that the evidence presented at trial against [Appellant] was contrary to the weight of the evidence with respect to the ...

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