The state Supreme Court has agreed to decide whether a trial judge’s decision to allow a deliberating jury to hear playback of audiotaped testimony outside of the defendant’s presence was in violation of two rules of criminal procedure.
The court granted allocatur in Commonwealth v. Williams to determine whether the decision to allow the playback in the deliberating room and outside of the earshot of defendant Lucillious Williams violated Pennsylvania Rule of Criminal Procedure 602, which regulates the presence of the defendant throughout the trial. It will also review whether allowing the audio violated Rule 646, which concerns the materials the jury can have in the deliberation room.
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