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Commonwealth v. Detman

Conviction of conspiracy to steal a car was affirmed where the alleged after-discovered evidence of recantation and admission of perjury would, at most, have impeached the testimony of defendant's co-conspirator whose veracity was fully explored at trial and where the affidavit of defendant's brother, recounting a conversation in which the witness admitted to the brother that he lied at trial, was untrustworthy.

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� 1 This is an appeal nunc pro tunc from the judgment of sentence entered in the Court of Common Pleas of Allegheny County following Appellant’s conviction on the charges of corruption of minors and criminal conspiracy. On appeal, Appellant contends that a new trial/evidentiary hearing is warranted due to after-discovered evidence. Specifically, Appellant contends that, after Appellant’s trial, Darrell McKrell recanted his trial testimony. We affirm.

� 2 The relevant facts and procedural history are as follows: On November 1, 1997, Rick D. McCullough called the police because he saw someone stealing his 1985 green Camaro. The police responded, stopped the Camaro, found McKrell in the driver’s seat and John Mainhart, a juvenile, in the passenger’s seat. McKrell told the police that, on October 31, 1997, he, Mainhart, and Appellant were drinking beer, which was provided by Appellant, when they decided to steal McCullough’s Camaro. The trio agreed that McKrell and Mainhart would steal the car and then drive around the corner to pick up Appellant.

� 3 Appellant was arrested, charged with various offenses, and proceeded to a jury trial, during which McKrell told the jury about the conspiracy at issue. Appellant was convicted on September 3, 1998, of corruption of minors and criminal conspiracy, and, on October 19, 1998, Appellant received an aggregate sentence of one and one-half years to seven years imprisonment.

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