Commonwealth v. Kunco

OPINION BY

FITZGERALD, J.:

The Commonwealth appeals from an order granting the motion of Appellee, John Kunco, for post-conviction DNA testing in this sexual assault case pursuant to 42 Pa.C.S. § 9543.1. The Commonwealth argues that the evidence in support of Appel-lee’s motion does not present a prima facie case of actual innocence. We affirm.

The evidence presented during Appel-lee’s trial was as follows. On December 16, 1990, at approximately 5:00. a.m., Donna Seaman — who was blind in her right eye, farsighted in her left eye, and not wearing glasses — awoke to. find a man, whose face she…