Judges Opinions Public Notices, — July 7, 2020 16:00 — 0 Comments

Public Notices, July 8, 2020

Volume 57, No. 49

 

PUBLIC NOTICES

DECEDENTS’ ESTATES

TRUST NOTICE

ESTATE AND TRUST NOTICE

 

 

TABLE OF CONTENTS

Commonwealth of Pennsylvania v. John Betz (Continued)

 

NOTICE IS HEREBY GIVEN that Letters Testamentary or of Administration have been granted in the following estates. All persons indebted to the said estate are required to make payment, and those having claims or demands to present the same without delay to the administrators or executors named.

 

FIRST PUBLICATION

 

ESTATE OF WANDA E. FRENCH a/k/a WANDA EULAINE JANDREW, late of Millcreek Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Bruce Michael Jandrew, Executor

130 Sweetwater Lane

Newmanstown, PA 17073

 

Sean J. O’Brien, Esquire

526 Court Street

Reading, PA 19601

 

ESTATE OF BARBARA R. YINGST, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Dale E. Yingst, Executor

George E. Christianson, Esquire

411 Chestnut Street

Lebanon, PA 17042

 

ESTATE OF WILLIS R. FRIESE, JR., late of East Hanover Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Charles E. Friese, Executor

Vance Antonacci, Esquire

McNees Wallace & Nurick LLC

570 Lausch Lane, Suite 200

Lancaster, PA 17601

 

ESTATE OF MICHAEL R C GRANDIA a/k/a MICHAEL REINER CHARLES GRANDIA, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Peter J. Grandia, Executor

41 Valley Road

PO Box 608

Mt. Gretna, PA 17064

 

Peggy M. Morcom, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF CLIFFORD H. WEBER, late of the Borough of Cleona, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Sadie Jean Weber, Executrix

c/o Jim Weber

43 Hasgate Drive

Delmar, NY 12054

 

Peggy M. Morcom, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

 

ESTATE OF DIANNE L. LUCIOTTI, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrators.

 

Zachary Luciotti, Co-Administrator

150 Harvest Mill Lane

Palmyra, PA 17078

 

Benjamin Luciotti, Co-Administrator

150 Harvest Mill Lane

Palmyra, PA 17078

Peggy M. Morcom, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF CHRISTOPHER J. FLASHEL, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix

 

Nadine K. Flashel, Administratrix

124 S. Third Street

Lebanon, PA 17042

 

Peggy M. Morcom, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF DOROTHY J. DENGLER, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Robert R. Dengler, Jr., Co-Executor

425 Meadowview Drive

Lebanon, PA 17042

 

Cheryl A. Garman, Co-Executrix

229 Swatara Circle

Jonestown, PA 17038

 

Michael S. Bechtold, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF ELAINE R. SHANFELDER, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Guy Jon Shanfelder, Executor

Paul W. Kilgore, Esquire

Spitler, Kilgore & Enck, PC

522 S. 8th Street

Lebanon, PA 17042

 

ESTATE OF DAVID L. BUCKWALTER, a/k/a DAVID BUCKWALTER, late of 227 Maple Avenue, Manheim, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor, in Lancaster County, Pennsylvania.

 

Mark G. McLain, Executor

Michael J. Mongiovi, Esquire

Mongiovi Law, LLC

235 North Lime Street

Lancaster, PA 17602

 

ESTATE OFARTHUR J. JELTES, late of the borough of Myerstown, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Bruce A. Jeltes, Executor

Justin J. Bolinger, Esquire

Gibbel Kraybill & Hess, LLP

PO Box 5349

Lancaster, PA 17606

 

ESTATE OF CONCETTA M. DABROWSKI, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

John R. Dabrowski, Executor

2126 Cheshire Court

Navarre, FL 32566

 

Timothy T. Engler, Esquire

Steiner & Sandoe

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF LAURA G. WEAVER, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Melvin Weaver, Co-Executor

Paul Weaver, Co-Executor

 

Nevin D. Beiler, Esquire

Beiler Legal Services, PC

105 S. Hoover Ave.

New Holland, PA 17557

 

ESTATE OF GEORGE P. PETERS, JR., late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Lisa M. Peters, Executrix

Michael J. D’Amico, Esquire

D’Amico Law Offices, LLC

310 Grant Street, Suite 825

Pittsburgh, PA 15219

 

ESTATE OF MARY LOU BEAR, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Carol C. McDonald, Executrix

Jacqueline A. Kelly, Esquire

JSDC Law Offices

555 Gettysburg Pike, Suite C400

Mechanicsburg, PA 17055

 

SECOND PUBLICATION

 

ESTATE OF VICTOR E. WHITE, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Danette Bartholomew, Administratrix

Steven D.W. Miller, Esquire

Miller Law Firm, P.C.

PO Box 121

Cornwall, PA 17016

 

ESTATE OF MARGARET E. EDKIN, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

William J. Edkin, Executor

3498 Mariette Avenue

Lancaster PA 17601

 

Edward J. Coyle, Esquire

Buzgon Davis Law Offices

PO Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF BETTY J. WHITMAN, late of West Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrices.

 

Janet L. Zinn, Co-Executrix

Tracy Brumbaugh, Co-Executrix

 

Estate of Betty J. Whitman

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF TED E. SHEPLER, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Gregory A. Hitz, Executor

 

Estate of Ted E. Shepler

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF DORIS E. SNYDER, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Elaine Cummings, Executrix

511 W. Main Avenue

Myerstown, PA 17067

 

Kenneth C. Sandoe, Esquire

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF LUCILLE I. SILVERIO, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Sheryl J. Hatzfeld, Executrix

Estate of Lucille I. Silverio

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF JUNE P. GUARE, a/k/a JUNE M. GUARE, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

David W. Guare, Executor

Charles A. Ritchie, Jr., Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

 

ESTATE OF GERALDINE F. RUTTER, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Lori Harvey, Executrix

435 West Main Avenue

Myerstown, PA 17067

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF MARY ANN TRAUTMAN, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Ronald A. Trautman, Co-Executor

Anthony D. Trautman, Co-Executor

Alex C. Trautman, Co-Executor

1103 Forest Street

Lebanon, PA 17046

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF VIRGINIA A. SMITH, late of the Borough of Palmyra, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Crystal B. Smith, Executrix

Charles A. Ritchie, Jr., Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

 

ESTATE OF ERIKA D. HAUER, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Marie L. Spinelli, Executrix

Gerald Brinser, Esquire

Brinser Wagner

PO Box 323

Palmyra, PA 17078

 

THIRD PUBLICATION

 

ESTATE OF WILLIAM J. FUNKHOUSER, late of Jonestown, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Daniel J. Funkhouser, Executor

Steven D.W. Miller, Esquire

Miller Law Firm, P.C.

PO Box 121

Cornwall, PA 17016

 

ESTATE OF MILDRED A. REIN, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Timothy Long, Executor

Gerald Brinser Esquire

PO Box 323

Palmyra, PA 17078

 

ESTATE OF ANITA F. SWEARINGEN, a/k/a ANITA FAY SWEARINGEN, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor

 

Ray Anthony Swearingen, Executor

PO Box 73

Rexmont, PA 17085

 

John D. Enck, Esquire

Spitler, Kilgore, and Enck, PC

522 S. 8th Street

Lebanon, PA 17042

 

ESTATE OF AMOS H. WENGER, late of South Lebanon Township, Lebanon County, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Sula Marie Weatherholtz

13 Stoney Run Road

Stevens, PA 17578

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF SARA E. VRACARICH, late of the Borough of Myerstown, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrices.

 

Donna K. Zimmerman, Co-Executrix

36 Strausstown Road

Bethel, PA 19507

 

Audrey J. Ferguson, Co-Executrix

317 Wilshire Court

Evans, GA 30809

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF LORNA K. BROOKS, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

George H. Brooks, Jr., Executor

 

Estate of Lorna K. Brooks

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF PAULINE B. QUINN, late of Bethel Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Jacqueline Wolfe, Executrix

Kevin M. Richards, Esquire

PO Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF RICHARD A. ALLWEIN, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Donna L. Allwein, Administratrix

282 Stack Drive

Myerstown, PA 17067

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF GLENN S. GIBBLE, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Cindy Ream, Executrix

1817 Janet Ave.

Lebanon, PA 17046

 

Jeffrey C. Goss, Esquire

Brubaker Connaughton Goss & Lucarelli LLC

480 New Holland Ave, Suite 6205

Lancaster, PA 17602

 

TRUST NOTICE

 

NOTICE IS HEREBY GIVEN THAT the Glenn S. Gibble Revocable Living Trust dated July 31, 2005, (the “Trust”), is being administered because of the death of Glenn S. Gibble, late of North Lebanon Township, Lebanon County, Pennsylvania, who died on February 12, 2020. All persons having claims against the Decedent or Trust are requested to present them for settlement, and all persons indebted to the Decedent or Trust are requested to make immediate payment without delay to:

 

Cindy Ream, Trustee c/o Jeffrey C. Goss, Esquire

 

Brubaker Connaughton Goss & Lucarelli LLC

480 New Holland Ave

Suite 6205

Lancaster, PA 17602

 

ESTATE AND TRUST NOTICE

 

On July 10, 2019, Letters of Administration for the Estate of Mary Warner, a/k/a Mary A. Warner, late of South Londonderry Township, Lebanon County, Pennsylvania, were granted to Sharon Frederickson and Bruce Frederickson. On June 2, 2020, Bruce R. Frederickson and Sharon L. Frederickson were appointed by the Court of Common Pleas of Lebanon County, Pennsylvania, Docket No. 2019-476, as Co-Trustees of the Trust created by Mary A. Warner. All persons having claims against the Estate or Trust of Mary Warner a/k/a Mary A. Warner, are requested to make known the same, and all persons indebted to the Decedent or to her Trust or Estate are requested to make payment without delay to Sharon L. Frederickson and Bruce R. Frederickson, Co-Administrators of the Estate of Mary Warner, a/k/a Mary A. Warner, and Co-Trustees of the Mary Warner Trust, or their attorney:

 

Melanie Walz Scaringi, Esquire

Scaringi Law

2000 Linglestown Road, Suite 106

Harrisburg, PA 17110

 

 

JUDGES OPINION

 

Commonwealth of Pennsylvania v. John Betz

 

Even if we were convinced T.P. had the ability to accurately recollect events of December 31, 2000, we do not believe that the “recantation” she has offered is of such character and significance that it would have changed the jury’s verdict in 2002 and therefore, today, warrants our granting of a new trial. We note initially that two of the three new “facts” to which T.P. testified are not recantations at all. They are not contradictions of T.P.’s trial testimony, but rather additions to it. For example, the fact that T.P. went to the Defendant’s home to mediate a dispute between the Defendant and their mutual friend, Shawn, about a burglary or home invasion which Shawn and the Defendant had allegedly perpetrated would likely not have been admissible due to its prejudicial nature. Moreover, we are hard-pressed to imagine—and the Defendant has not argued– how this fact would bolster the Defendant’s contention that T.P. consented to sexual activity with him.

Likewise, with regard to T.P.’s admission that she had some initial attraction to the Defendant and the two of them had engaged in verbal flirting before the Defendant restrained T.P. and forced himself upon her over her repeatedly stated objection, we note that at trial T.P. was not asked and did not deny the existence of flirting or initial attraction between the parties. T.P.’s desire to now reveal that that there was some initial flirtatious banter between the parties is a minor addition[1] to trial testimony, not a repudiation or revocation of it. Therefore, it is not a recantation. Additionally, we wish to stress, emphatically, that such banter would not have established T.P.’s ongoing and irrevocable consent to what happened next, particularly in light of her repeated protestations once the Defendant initiated and forcibly continued physical sexual contact.

As to the third inaccuracy identified by T.P. at the hearing—the fact that she went upstairs after the assault and called William Panagatos for a ride home – that testimony, which was not included in T.P.’s letter to the District Attorney, is a contradiction to and therefore could be considered a recantation of T.P.’s trial testimony. However, we do not believe this narrow recantation warrants relief.

First, in addition to our general concerns regarding the credibility and accuracy of the testimony T.P. was able to offer at the evidentiary hearing, we are specifically concerned about T.P.’s hearing testimony with regard to the call to William Panagatos for a ride home on the day of the assault, as it is particularly muddled and suspect. At trial T.P. testified—consistent with the Defendant’s own trial testimony—that on the day of the assault she had received a ride TO the Defendant’s house from William Panagatos. (N.T. 4/3/2002 at 28) However, following the assault, she did not –in contradiction to the Defendant’s assertion– use the Defendant’s upstairs phone in the presence of the Defendant’s mother to call William Panagatos for a ride home. Rather, she left immediately and ran home. (N.T. 4/3/2002 at 45; 54) About two weeks prior to the date of the assault, however, T.P. had been in the Defendant’s home and met his mother along with several other people, who had been dropped off by an unidentified female driver. (N.T. 4/3/2002 at 229) T.P. testified it was that day—not the day of the assault–that William Panagatos was called and provided T.P. and others a ride home. (N.T. 4/3/2002 at 229)

At the evidentiary hearing, in contradiction to her testimony at trial, T.P. indicated that she went upstairs after the assault to make a phone call to William Panagatos to get a ride home. We find it important to note that, in that same testimony, T.P. also indicated that, on the day of the assault, she had NOT been driven TO the Defendant’s home by William Panagatos. (N.T. 6/14/19 at 20) Since at trial both the Defendant and T.P. agreed that William Panagatos drove T.P. to the Defendant’s home on the day of the assault, this Court is very concerned that T.P.’s “recantation testimony” regarding the ride home from William Panagatos is not an actual repudiation of her trial testimony, but rather a manifestation of, in T.P.’s own words, her brain “being a lot jumbled.” Our assessment of T.P.’s testimony leads us to believe that it is very possible that she can no longer differentiate between the day of the assault in the home of the Defendant and a day several weeks prior to the incident, when she was driven, by William Panagatos, from the Defendant’s home to her residence. In essence, T.P.’s testimony on this issue seems to be a cognitive coin toss, and we are not satisfied that her testimony at the evidentiary hearing is an accurate account of what happened on December 31, 2000.

Second, we are not persuaded that such testimony, even if credible, would have compelled a different verdict at trial. While Defendant’s trial counsel likely would have argued that T.P.’s failure to immediately flee from the premises was consistent with the sexual encounter having been consensual, T.P. explained at the hearing that she lived a significant distance away and needed a ride to get home. Further, she indicated that, since William Panagatos could not arrive quickly, she immediately left and was picked up some distance away, reiterating that she was afraid of the Defendant and wanted to get away from him as quickly as possible. Given this context, we do not believe T.P.’s new statement that she used the Defendant’s phone before fleeing after the assault would compel a different verdict.

Moreover, testimony about whether T.P. used the phone to try to get a ride to her home some distance away prior to fleeing the premises on foot is insignificant when considered in light of the complete record of the case.  For those who will inevitably review this case on appeal, we wish to note specifically what T.P., even in her impaired state, could NOT be led or persuaded to say, either in her letter or at the evidentiary hearing. Despite the PCRA Petition’s claim that T.P. has completely recanted her testimony regarding the nonconsensual nature of the sexual encounter on December 31, 2000, at no time did T.P. say the sexual acts performed upon her by the Defendant were consensual or that he was innocent. Indeed, in her letter, while lamenting that she had not admitted her original attraction to the Defendant or the consensual start (explained later as verbal flirting) to the encounter in her testimony at trial, T.P. wrote “I didn’t (sic) lie in the acts of what happened.”  She reitierated that statement at the evidentiary hearing, stating “I don’t think I lied when I was on the stand [at trial].” (N.T. 6/14/19 at 23)

Second, aside from T.P.’s revelations about initial flirtatious behavior between the parties, T.P.’s evidentiary hearing testimony, rambling and imprecise as it was, consistently acknowledged the unwanted nature of the Defendant’s sexual contact. Despite initial interest in the Defendant and flirtatious banter with him, T.P. indicated she had “changed her mind” and “tried to back out and get away.”  (N.T. 6/14/19 at 22,33) She was scared during the encounter. (N.T. 6/14/19 at 21) She wanted it to stop, and she told him to stop. (N.T. 6/14/19 at 35, 38) Nowadays, she testified, she would have “cussed him out” and kneed him in the groin, and she is angry at herself for not fighting back more. (N.T. 6/14/19 at 31) We do not believe those are the words of someone who consented to the sexual acts perpetrated on her.

That the sexual encounter between the parties was nonconsensual is supported by the record as a whole, in facts that corroborate T.P.’s claims of nonconsensual sex and facts that discredit the Defendant’s claim of consent. Our review of the record has included consideration of police testimony regarding the emotional state of T.P. immediately after the incident, the consistent nature of her accounts to investigators, and the corroborating physical bruising on her knees. We have taken special note of the fact that, shortly after the sexual assault, T.P. cut her hair, indicating she never wanted anyone to pull her hair again like the Defendant had during the assault. (N.T. 4/3/2002 at 40)

We have considered, too, the Defendant’s testimony, both at trial and at the evidentiary hearing.    We have considered the credibility of his initial denial of all sexual contact with the Defendant until confronted with the possibility of physical evidence to the contrary and then his absurd explanation offered at trial for the inconsistency of those statements.[2]

All of these considerations have been dutifully weighed by the Court, and based upon them, we cannot conclude the additional or different testimony offered by T.P. at the evidentiary hearing would result in a different outcome of the Defendant’s trial.

 

  1. CONCLUSION

To grant relief in this case, we must be satisfied that the “recantation’ of T.P. is credible. We are not. Moreover, even if we found the new or different information offered by T.P. at the evidentiary hearing to be reliable, we would find that it is not significant enough, in the context of the complete record of the case and in relation to central issue of the case, which is consent, to compel a different verdict.         T.P. has not said the acts perpetrated by the Defendant upon her were consensual. Even in her impaired mental state, she has said the opposite, that they were nonconsensual. Her actions during and after the incident were consistent with that claim.

We appreciate and respect T.P.’s efforts to clear her conscience. We hope those efforts have their desired effect in her life. She has done her job, and now we will do ours.

We will enter an appropriate Order.

 

 

 

 

 

 

 

[1] The Defendant at trial likewise did not testify regarding significant flirting or attraction between the parties. He did testify that there was some “sexual talk.” He commented on T.P.’s promiscuity and indicated that they better “get busy” in the basement. (N.T. April 3, 2002 at 115, 133-144, 157) T.P. was not asked to confirm or deny any of these details at trial.

[2] At trial, we did not find credible the Defendant’s explanation that the police had initially asked him if he had slept with T.P. and he had answered in the negative because, while he and T.P. had had sex, “sleeping is when you’re lying down with your eyes closed.” (N.T. 4/3/02 at 179) The Defendant’s trial testimony included other incredulous claims. In one instance, the Defendant testified that on the day of the incident, after the phone call to William Panagatos and just prior to leaving to go home, T.P. gave the Defendant a hug and said she’d contact him a little later that day. (N.T. 4/3/02 at 169) Given T.P.’s prompt report to police and their objective testimony regarding her emotional state at the time of their response, the Defendant’s whitewashing of the events of December 31, 2000 was not remotely believable, and it, along with his inconsistent statements to police, severely damaged his credibility with the jury and with this jurist.

 

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