Com. v. Alvarado, R.
Com. v. Alvarado, R. No. 1949 MDA 2015
| Pa. Super. Ct. | Apr 7, 2017Background
- Appellant Rodrigo M. Alvarado was convicted of aggravated indecent assault of a child, aggravated indecent assault, two counts of corruption of minors, and two counts of indecent assault for repeated sexual abuse of his minor nieces, K.C. and G.Z.
- Allegations covered multiple incidents from ages ~5–13 for K.C. and ~9–12 for G.Z., including removal of clothing, bathing/washing while naked, digital penetration, and massage while aroused.
- Victims delayed reporting for years; K.C. disclosed to family in late adolescence and wrote a letter to her mother; G.Z. reported after telling K.C.
- Appellant denied the allegations; defense emphasized memory lapses and inconsistencies in the victims’ testimony and presented character witnesses.
- Trial jury convicted; court sentenced Appellant to an aggregate 7 to 20 years’ imprisonment plus five years’ probation. Post-sentence motion was denied and appeal followed.
Issues
| Issue | Appellant's Argument | Commonwealth / Trial Court Argument | Held |
|---|---|---|---|
| Whether verdicts were against the weight of the evidence | Verdicts shock the conscience because victims’ memories were inconsistent and details vague; defense testimony more credible | Trial court found victim testimony credible despite imperfections; inconsistencies were exposed but not dispositive | Court affirmed: no abuse of discretion in denying weight-of-the-evidence motion |
| Whether trial court erred by barring cross-examination about victims’ refusal of medical exam | Refusal is relevant impeachment showing fabrication and lack of physical evidence | Trial court ruled such evidence irrelevant and of low probative value without expert proof that an exam years later would show trauma; risk of unfair prejudice | Court affirmed: exclusion appropriate absent expert foundation and low probative value |
Key Cases Cited
- Commonwealth v. Ferguson, 107 A.3d 206 (Pa. Super. 2015) (standard and appellate review for weight-of-the-evidence claims)
- Commonwealth v. Drumheller, 808 A.2d 893 (Pa. 2002) (relevance and probative-value principles for admissibility)
- Commonwealth v. Rivera, 983 A.2d 1211 (Pa. 2009) (trial court discretion to limit scope of cross-examination)
- Commonwealth v. Valentine, 928 A.2d 346 (Pa. Super. 2007) (strict construction of appellate time limits)
- Commonwealth v. Walter, 966 A.2d 560 (Pa. 2009) (issues may be waived for failure to develop below/on appeal)