Commonwealth v. Kimbell
Pennsylvania Supreme Court
759 A.2d 1273 (2000)
- Written by Sean Carroll, JD
Facts
Thomas Kimbell, Jr. (defendant) was charged with four counts of murder. The murders occurred in the home of Bonnie Dryfuse, one of the victims. At trial, the defense called Mary Herko, the mother of another one of the victims, as a witness. Herko testified that on the day of the murder, she was speaking with Bonnie by phone when Bonnie told her that someone was pulling up in the driveway. The defense then attempted to ask Herko about a prior statement she had made to the police indicating that it was Bonnie’s husband, Tom Dryfuse, who had pulled into the driveway. This statement placed Tom at the scene of the murders earlier than Tom had indicated to police. The prosecution (plaintiff) objected to the defense questioning Herko about the statement on the ground that it was an attempt to impeach the defense’s own witness. The court sustained the objection. Kimbell was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Zappala, J.)
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