Commonwealth v. DeMarco

WICKERSHAM, Judge:

In September of 1976, Dale “Bill” Walls, age 19, was arrested on a charge of burglary, and being unable to post bail, was committed to the Delaware County Prison. He was placed in “B” Block-Cell 13. According to his sworn testimony in the trial of Stephen DeMarco, 1 Walls was returning from breakfast on December 12, 1976, when he was confronted by DeMarco and another prisoner named Fumano, grabbed by them and pushed into a cell. They were joined by another prisoner named Rush, a co-defendant, whereupon the victim was punched and beaten. He was then partially stripped of his…