dissenting.
The plurality assumes the role of a jury and finds that evidence introduced by the Commonwealth against the defendant was not inculpatory. On this basis, the plurality concludes that it need not address the question of whether a statement taken ten hours after arrest and in the absence of any preliminary arraignment violates the mandate of Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972) and Pa.R.Crim.P. 130. I dissent. I cannot agree that the Commonwealth introduced exculpatory admissions. The defendant demonstrated sufficient harm to preserve his claim when he established that the Commonwealth introduced his admission into evidence against him at his trial. Thus, I would consider the defendant’s Fateh claim on the merits.
Inexplicably, the plurality argues, in addition, that the defendant was given an adequate opportunity to interview a witness when the defendant was limited to conducting his interview in City Hall in the presence of the district attorney. I cannot agree.
Finally, the plurality disavows the existence of any improper implication where a police officer states that he knew the defendant’s nickname because of “other contacts” with the defendant. I disagree. This testimony is most plausibly viewed as a reference to the defendant’s prior criminal activity. Thus, this Court should address the question of whether the trial court’s cautionary instruction was sufficient to cure the prosecution witness’ implicit reference to the defendant’s prior criminal activity. See Commonwealth v. Spruill, 480 Pa. 601, 391 A.2d 1048 (1978).