Commonwealth v. Carillion

CIRILLO, President Judge,

concurring:

I join in the result reached by the majority in this case, however I write separately to emphasize my belief that the Commonwealth’s interest in the confidentiality of the information contained in the Children’s Services file must yield to the Commonwealth’s greater interest in promoting and protecting the defendant’s constitutional right to confront and cross-examine witnesses against him. I am in agreement with the Pennsylvania Supreme Court’s statement that “[w]he i materials gathered become an arrow of inculpation, the person inculpa ;ed has a fundamental constitutional right to examine the provenance of the arrow and he who aims it.” Commonwealth v. Ritchie, 509 Pa. 357, 367, 502 A.2d 148, 153 (1985), aff'd. in part and rev’d. in part, Pennsylvania v. Ritchie, 480 U.S. 39, 107 S.Ct. 989, 94 L.Ed.2d 40 (1987). This, in my opinion, is essential to the integrity of the criminal justice system.

Al though in Commonwealth v. Ritchie the Pennsylvania Supreme Court relied upon the sixth amendment of the United States Constitution, the same result may be reached on independent state grounds. I would recognize a higher level of protection under our state constitution, and allow defense counsel complete access to the Children’s Services file. The information must be viewed by the “eye of an advocate.” Commonwealth v. Ritchie, 509 Pa. at 367, 502 A.2d at 153. “Denial of access to a witness’ prior state*476ments ... imposes a handicap that strikes at the heart of cross-examination[,]” Pennsylvania v. Ritchie, 480 U.S. at 71, 107 S.Ct. at 1009 (Brennan, J., dissenting), and dilutes the search for truth. To find otherwise would deny counsel the tools of his or her trade and inhibit effective cross-examination.