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Commonwealth v. Ogrod12/30/2003
nd accompanied her to the police station. N.T. 10/2/96 at 7. The next morning, the Fahys went to the Office of the Medical Examiner and identified the body of her daughter, Barbara Jean. Id. at 9. She also told the jury that, before the murder, she did not want Barbara Jean to play at the Green's house because, "it was really a mess in there and there was a lot of people always coming and going [and that she] . . . had no idea who exactly lived there and who didn't." Id. at 11.
The Commonwealth called Detective Edward Rocks (Detective Rocks) to testify in court. Detective Rocks investigated an entirely separate murder that occurred at the Ogrod/Green residence in July of 1986. Id. at 75. The parties agreed that Appellant had nothing to do with that murder, but, as part of the investigation, police had taken photographs of the basement of the residence of Appellant, which the prosecutor used in this case. Detective Rocks told the jury that the photographs of the basement showed the presence of a weight set with a pull-down bar. Id. at 80.
Despite an investigation during which police interviewed several witnesses, including Appellant, police were not able to solve the murder. N.T. 10/3/96 at 29-29. However, in 1992, the Police Homicide Division Special Investigations Unit reexamined the evidence. Id. at 26. Detective Martin Devlin (Detective Devlin) testified that he and his partner, Detective Paul Worrell (Detective Worrell) (collectively, the Detectives), proceeded to review the file and interview witnesses. Id. at 27, 29-30. After meeting with the Green family, they decided to interview Appellant. Id. at 30-32. Detective Devlin explained that the Greens told them that Appellant left his 7244 Rutland Street residence and that he was now living in an apartment in Glenside, Pennsylvania. Id. at 32. Appellant was not at home when the Detectives attempted to interview him. Id. at 33. They left a card for Appellant on which they wrote that they wanted to talk with him regarding Mr. Fahy. Id. at 34. Appellant left messages for the Detectives, who requested that Appellant meet with them. Id. at 36.
Appellant agreed to come to the Police Administration Building at 8 th Street and Race Street on Sunday, April 5, 1992. N.T. 9/7/93 (Suppression N.T.) at 17-19; N.T. 10/3/96 (Trial N.T.) at 36-37. Despite the fact that Appellant was not scheduled to meet with Detectives until 6:00 P.M., he arrived at approximately 3:45 P.M. Suppression N.T. at 21; Trial N.T. at 36, 45. Detective Devlin testified that before the interview, police had no information that Appellant was involved in the murder of Barbara Jean. Suppression N.T. at 22; Trial N.T. at 43. Detective Devlin first met Appellant between 5:15 P.M. and 5:30 P.M. that Sunday while Appellant was sitting on a bench near the Homicide Unit waiting for his interview. Suppression N.T. at 22-23; Trial N.T. at 37. Detective Devlin identified Appellant at the hearing as the person who came in and eventually gave a statement. Suppression N.T. at 24; Trial N.T. at 42. The Detective described his impression of Appellant upon their first meeting as seeming "normal," "dressed neatly . . . clean . . . certainly did not seem to be under the influence of any drugs or alcohol." Suppression N.T. at 23-24; Trial N.T. at 42 (at trial, he added that Appellant did not appear to have been deprived of sleep or food). The Detectives interviewed Appellant in an interview room.
Suppression N.T. at 24-25; Trial N.T. at 42. After obtaining biographical information, the Detectives had a ten-minute conversation during which they told Appellant that they asked him to come in as an information witness and that they were interested to know whether he knew Barbara Jea
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