Evidence keyed to Fisher
Commonwealth v. Weichell
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Appellant and his friend, Thomas Barrett (Barrett), were involved in a fight with Francis Shea (Shea) and Shea’s friends. Following the fight, Robert W. LaMonica (Victim), a friend of Shea’s, allegedly uttered threats to numerous persons concerning Appellant, and Shea saw Appellant and LaMonica arguing the day following the fight. Around ten days following the initial fight between Appellant, Barrett, and Shea, LaMonica arrived home after work and parked his car in the parking lot adjacent to his apartment. LaMonica was shot and killed in the parking lot around midnight. John Foley (Foley) was nearby and claimed he heard four “bangs,” saw a man run out of the parking lot, pass under a street light, and get into a waiting car. When the man ran under the street light, Foley claimed he had about a one second view of the man’s face. From that observation, Foley assisted the police in making a composite drawing with the aid of an Identikit. Foley subsequently identified Appellant’s picture as the “the guy,” and, while driving with police around the area of the crime, identified Appellant again, this time in person.
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