Hearsay Alone is Insufficient in PA Preliminary Hearings -Read the Long Awaited Decision
Jul 22 2020, by in Criminal Defense, Legal Blog
The problem with Preliminary Hearings in Pennsylvania has been apparent for years. But it seems the Supreme Court of Pennsylvania Western District finally listened. Up until the Commonwealth v. McClelland decision, the police could testify as to what witnesses or alleged victims told them to establish a prima facie case. This led to countless defendants going to trial without hearing first-hand testimony or the opportunity to confront their accuser.
The hearsay practice effectively created a ‘rubber stamp’ environment in Preliminary Hearings and diminished the value of evaluating evidence at this stage. Subsequently, this Supreme Court ruling now requires direct testimony to support the elements of the case.