Defendant, George Colosimo Jr., who was convicted of driving under the influence of alcohol and homicide by vehicle while driving under the influence along with related motor vehicle violations, has filed a motion for a new trial contending (1) that the Commonwealth violated the rules pertaining to discovery, and (2) that the jury verdicts on the various counts were logically inconsistent. Because I Arid defendant’s contentions to be without merit, defendant’s post-trial motions will be denied.
The failure to comply with the criminal rules pertaining to discovery is a problem that is frustratingly all too frequent. Prior to trial, defendant filed a pretrial. motion seeking the disclosure of among other things, any scientific evidence which the Commonwealth might produce at trial. Pa.R.Crim.P. 305(B)(1)(e). The rule provides:
“B. Disclosure by the Commonwealth.
“(1) Mandatory:. In all court cases, on request by the defendant, and subject to any protective order which the Commonwealth might obtain under this rule, the Commonwealth shall disclose to the defendant’s attorney all of the following requested items or information, provided they are material to t.he instant case. The Commonwealth shall, when applicable, permit the defendant’s attorney to inspect and copy or photograph such items. -
“(e) results or reports of scientific tests, expert opinions, and written or recorded reports of polygraph examinations or other physical or mental examinations of the defendant, which are within the possession or control of the attorney for the Commonwealth[.']”
Defendant was accused of being the driver of a car which struck the rear portion of a tractor-trailer truck which was proceeding in the same direction on
The inquiry does not end here, however, for defendant is entitled to relief only if the defense was prejudiced by the Commonwealth’s non-compliance with Rule 305 so as to deny him a fair trial. Commonwealth v. Starks, 304 Pa. Super. 527, 450 A.2d 1363 (1982). The lack of prejudice cannot be presumed, and the failure to make the required disclosure under the rule requires a new trial unless the court concludes that the non-disclosure was harmless beyond a reasonable doubt. Commonwealth v. Floyd, 508 Pa. 393, 498 A.2d 816 (1985).
We should note that when the objection was raised (N.T. 243), the defense sought neither a
The second issue raised by defendant is that a new trial should be awarded because of inconsistencies in the verdicts rendered as to the various counts. This contention is without merit since the Pennsylvania rule is that inconsistencies in verdicts do not afford a ground for relief. Commonwealth v. Carter, 444 Pa. 405, 282 A.2d 375 (1971). Defendant’s invi
ORDER OF COURT
And now, February 13,1991, defendant’s motions for post-trial relief are denied, and defendant is directed to appear before the court for sentencing on Thursday, February 28, 1991, at 2 p.m.
