Clere v. Commonwealth

Defendant Henry Lee Clere was tried for the murder of Thomas A. McKown, convicted of first degree murder and sentenced to death. He appeals, raising two issues that merit discussion: (I) Did the trial court properly admit into evidence a witness’s out-of-court statement that was consistent with her testimony at Clere’s trial? (II) Did the trial court properly admit into evidence items seized during searches of Clere’s home and his wife’s automobile?

I

Cora E. McKown, the victim’s wife, gave two written statements to the police during their investigation of the crime. In the first statement, she…