Commonwealth v. Robinson

CIRILLO, President Judge,

dissenting:

Because I believe that the reference to the appellant’s post-arrest silence elicited by the prosecutor impermissibly *582prejudiced him in the eyes of the jury, I respectfully dissent from the majority’s opinion.

In the early morning of January 12, 1987, police were summoned by an alarm from a Gulf service station on the North Side of Pittsburgh. Two police cars approached the station: one went to the front, and another to the back. Officer Frank Vetere, approaching the front of the station in his patrol car, testified that he saw a man inside the dimly lit…