dissenting:
I dissent. So much hearsay testimony pervaded the entire hearing, and was permitted to such an extent as to negate the whole purpose of a fair trial, to-wit, to admit only that evidence that was pertinent, relevant, material and lawful in determining the facts and law applicable to this case. This was not done. As a result, the defendant was deprived of the right to confront witnesses who allegedly had first hand knowledge of the relevant events but was faced, rather, with the burden of refuting hearsay testimony.
In Commonwealth v. Bracero, 515 Pa. -, 528 A.2d 936 (1987) our Supreme Court cites the language from the opinion of the Supreme Court of the United States in Chambers v. State of Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973) regarding the familar and traditional message of hearsay, as follows:
The hearsay rule, which has long been recognized and respected by virtually every State, is based on experience and grounded in the notion that untrustworthy evidence should not be presented to the triers of fact. Out-of-court statements are traditionally excluded because they lack the conventional indicia of reliability: they are usually not made under oath or other circumstances that impress the speaker with the solemnity of his statements; the declarant’s word is not subject to cross-examination; and he is not available in order that his demeanor and credibility may be assessed by the jury. California v. Green, 399 U.S. 149, 158, 90 S.Ct. 1930, 1935, 26 L.Ed.2d 489 (1970).
Id., 515 Pa. at -, 528 A.2d at 939.
It cannot be determined with any assurance that this kind of hearsay evidence did not carry the case against defendant despite other strong unfavorable evidence. I would grant a new trial.