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Commonwealth v. Fetter

Defendant was not entitled to suppression of statements recorded by way of a legal wiretap or made to police when he was not in custody; defendant failed to offer evidence sufficient to support his claim of ineffective assistance of counsel.

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�1 Stephen Fetter appeals from the judgment of sentence entered on December 16, 1999, for statutory sexual assault, involuntary deviate sexual intercourse, six counts of corruption of minors, and false reports to law enforcement officials. We affirm.

�2 The above crimes stem from a variety of incidents that occurred between November 1997 and January 1998. In November 1997, appellant had T.W., a minor, perform a striptease at a party given in his home. Both minors and adults attended the party. On December 21, 1997, T.W. went to appellant’s home, spent the night there, and engaged in sexual intercourse with him. Appellant also performed copulation per os on the minor. At the time of this incident, appellant was twenty-one years old, and T.W. was fifteen.

�3 During the investigation of appellant, A.P., a juvenile friend of appellant, agreed that he would wear a wire to speak with appellant at his home. Subsequently, A.P. spoke with appellant and obtained incriminating statements from him. On March 12, 1998, however, A.P. went to appellant’s home and tried to speak with appellant again, but appellant would not let him into the house. Instead, appellant telephoned the police and reported that someone was trying to break into his residence. As a result, appellant was charged with making false reports to law enforcement agents.

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