Caprino v. Commonwealth

KELSEY, Judge.

A jury convicted Charles Caprino of second-degree murder, attempted malicious wounding, and felonious use of a firearm. Caprino took the stand at trial and claimed he acted in self-defense. Over Caprino’s objection, the prosecutor called a detective as a rebuttal witness to impeach Caprino’s testimony as a recent fabrication presented for the first time from the witness stand. On appeal, Caprino argues his convictions should be overturned because the trial court violated his constitutional right to remain silent by permitting the detective’s testimony. We disagree and affirm…