Legal Question in Criminal Law in Pennsylvania

Excited Utterances

My wife called 911 after we got involved in a domestic dispute. Even though she was the primary aggressor, police charged me with misdemeanor battery. It took approximately 15 minutes for the police to arrive after the call. My wife's sister was a partial witness to the events. During the 15 minutes, I remained downstairs in the living room while my wife went upstairs to discuss with her sister what was to be said to the police. In this case, can ''excited utterances'' made to police upon arrival be deemed unreliable and inadmissible in court? She was crying while explaining the situation to the police.


Asked on 2/23/06, 7:31 pm

1 Answer from Attorneys
Jay Hochberg

Re: Excited Utterances

You have asked an excellent but complex question. Factors in your case cut both ways - although any statement is close in time to the incident and made under circumstances where your wife's physical demeanor indicates she is still suffering the effects of the incident, the fact that she spoke intelligently with someone else indicates that she has had time to calm down and rationally process the incident.

If the government is proceeding solely by way of excited utterance (where your wife does not testify), then a claim of self-defense is a very good defense. Make sure your attorney has a copy of Commonwealth v. Torres. Good luck.

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Answered on 2/23/06, 9:00 pm


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