six months is sufficient “cooling down” period after prejudicial pretrial publicity
How later courts described this case
- six months is sufficient “cooling down” period after prejudicial pretrial publicity
- articles from Berks County newspapers, where case was to be tried, were few and non-inflammatory; articles from newspapers which were published in other counties and which had a limited circulation in Berks County found not to have had a prejudicial effect in Berks County
- "All attending circumstances surrounding the confession must be considered in this determination. These include: the duration and methods of the interrogation; the length of delay between arrest and arraignment; the conditions of detainment; the attitudes of the police toward defendant; defendant's physical and psychological state; and all other conditions present which may serve to drain one's power of resistance to suggestion or to undermine one’s self-determination.”
- six month “cooling off” period sufficient following pretrial publicity
Written by the judges who cited it.
The opinion
EAGEN, Justice
(dissenting).
While I have great respect for the wisdom and judgment of the distinguished jurist who presided in the instant trial proceedings, I am convinced it was an abuse of discretion to deny a change of venue.
In my view, Commonwealth v. Pierce, 451 Pa. 190 , 303 A.2d 209 (1973), is controlling. That the petrial publicity in this case was “inherently prejudicial” and jeopardized Kichline’s right to a fair trial to me is beyond question. Under such circumstances, whether or not any of the jurors who decided the case had any prior opinions as to the accused’s guilt or innocence is irrelevant.
I would award a new trial.