Commonwealth v. Gacobano

OPINION BY

BOWES, J.:

Jason Gacobano appeals from the March 12, 2012 order denying his petition for DNA testing. We affirm.

At approximately 11:30 p.m. on August 28, 1995, the victim, C.W., was asleep in her Philadelphia home when Appellant, Camilio Gonzalez, and a third unidentified male forced their way into the residence. The three men pointed a gun at C.W., and Appellant, who removed a mask that he was wearing, raped the victim in front of his two cohorts. The three men told her that they had been paid to assault her for something that her husband had done. Then, Gonzalez raped C.W. while…