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Commonwealth v. Carmody

Habeas court's holding that written statement of defendant's girlfriend was inadmissible and its dismissal of terroristic threats charge reversed; even though girlfriend testified that she had made statement while blacked out from alcohol consumption, statement was admissible as an inconsistent statement because defendant and Commonwealth both had opportunity to question girlfriend as to inconsistency at pre-trial hearing.

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OPINION

� 1 In this Commonwealth appeal the question we examine is whether a witness’s signed and adopted statement may be admitted as substantive evidence at a preliminary hearing despite the witness’s claim that the statement is unreliable because she was intoxicated at the time she gave it. We conclude that under the facts of this case the statement was admissible and so reverse the ruling of the habeas court.

� 2 Joseph Carmody was arrested after his girlfriend, Maryann Torres, called police to report that Carmody had assaulted her. Torres arrived at the Moore Township police station at approximately 2:00 AM on February 3, 2001 and reported to Officer Gary West that Carmody had just assaulted her in her home. Officer West observed physical evidence of the attack, including the victim’s swollen and red eyes and scratch marks on her neck. Police were dispatched to Torres’s home to apprehend Carmody and Torres was asked to make a written statement of events.

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