Commonwealth v. Lettau

DISSENTING OPINION BY

POPOVICH, J.:

¶ 1 Because I conclude that the trial court did not misapply the holdings of Bolus and DiNicola, I must respectfully dissent from the Opinion of the learned Majority.

¶ 2 At the outset, I note that the Majority discusses in great detail the testimony offered by Trooper Fagley on direct examination regarding Lettau’s lack of cooperation with' his investigation and the allusions drawn by the Commonwealth therefrom regarding Lettau’s guilty knowledge. Given that the transcript of trial reveals that Lettau failed to object to Trooper Fagley’s direct examination…