Commonwealth v. Treat

¶ 1 After being charged with harassment1 following a domestic dispute, Donald B. Treat filed a petition for a writ of habeas corpus. At the habeas corpus hearing, when the Commonwealth asked the alleged victim what she was doing at the time of the incident, the victim replied, “Well, I plead the 5th. I really don’t want to testify.” (N.T., 3/19/03 at 5.) Over the Commonwealth’s objection, the trial court sustained her claim of privilege and granted habeas corpus relief. We reverse.

¶ 2 On appeal, the Commonwealth raises two interrelated issues:

1. Whether the trial court improperly allowed the…