Com. v. Mitwally, M., 1489 WDA 2015

On June 16, 2014, victim was lured by Mitwally from a convenience store to his home; once inside she observed Mitwally lower his pants and make lewd sexual comments and propositions. She later reported he masturbated and that he grabbed her arm while she tried to leave.
Victim initially told police Mitwally lowered his shorts and made lewd comments; two later written statements (one ~2 weeks later, one ~10 months later) added more graphic details, a claimed arm injury, and that he masturbated.
Victim filed a VCAP claim and sought counseling; her accounts contained inconsistencies in timing, content, and detail.
Mitwally was charged with indecent exposure, unlawful restraint, and harassment; at a non-jury trial he was acquitted of indecent assault and unlawful restraint but convicted of harassment (3rd-degree misdemeanor).
Trial court imposed one year reporting probation; Mitwally appealed, arguing the verdict was against the weight of the evidence due to the victim’s inconsistent and uncorroborated statements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the guilty verdict on harassment was against the weight of the evidence	Commonwealth argued trial court reasonably credited portions of the victim’s testimony showing Mitwally communicated lewd, lascivious or obscene language and conduct	Mitwally argued victim’s multiple, inconsistent accounts and lack of corroboration rendered the evidence unreliable and conviction unjust	Court affirmed: trial court properly weighed credibility, found inconsistencies fatal to more serious charges but sufficient evidence remained to support harassment conviction

Leatherby v. Commonwealth, 116 A.3d 73 (Pa. Super. 2015) (standard of review for weight-of-the-evidence claims)
Morales v. Commonwealth, 91 A.3d 80 (Pa. 2014) (new trial warranted only when verdict shocks the conscience)
Blackham v. Commonwealth, 909 A.2d 315 (Pa. Super. 2006) (factfinder may believe all, part, or none of testimony)