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Commonwealth v. Cameron

Where the defendant may have been impaired by drugs and alcohol during a confession to murder, defenses request to play a tape of the confession as evidence of the voluntariness of the confession was wrongly denied.

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�1 George Cameron appeals the judgment of sentence of March 30, 2000 of life imprisonment without parole entered following his conviction of first- degree murder. *fn1

Because we find that the trial court erred in categorically denying the defense’s request to play an audiotape of Cameron’s confession for the jury’s consideration as evidence as to its voluntariness, we affirm the judgment of sentence, but remand for a hearing on the audiotape’s relevance.

�2 The record reveals the following factual background necessary for our resolution of this appeal: Cameron was arrested on August 5, 1999 for the murder of David Cumberledge. Cumberledge apparently had been seeing Cameron’s estranged wife, Lisa Cameron. According to testimony presented at trial, Cameron had threatened to kill Cumberledge during at least two separate confrontations with him in the days before the killing. On the day of the homicide, Cameron was observed by at least two witnesses carrying two hunting knives on his person. Aware that Cameron wished to see her, Ms. Cameron had implored Cumberledge to stay away from her. Around midnight on August 4, Cameron was at his wife’s apartment, and according to his wife, he had been drinking. Following a confrontation with her, as Cameron was leaving her apartment he found Cumberledge in the hallway.

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