concurring.
I concur in the decision of the majority on the grounds that the activity of the Commonwealth in this case was violative of the Pennsylvania Rules of Criminal Procedure, specifically Rule 305 B. Given this basis for a new trial there is no need to reach the constitutional issue discussed by the majority. However, since the majority has chosen to resolve this issue on the high ground, I must note that the *241fact that the statement will be inadmissible in the Commonwealth’s case in chief should not be interpreted as precluding its use as authorized by Article I, Section 9 of the Pennsylvania Constitution. Article I, Section 9 of the Pennsylvania Constitution provides in relevant part: “The use of a suppressed voluntary admission or voluntary confession to impeach the credibility of a person may be permitted.” On this point I am compelled to comment that the majority’s attempted insertion of an issue as to the voluntariness of appellee’s admission is truly factitious; since appellee denies ever making the statements at issue he cannot be heard to say “I made it, but it was involuntary.” Thus if, on retrial, Mr. Moose takes the stand and denies his involvement, the Commonwealth should be entitled to introduce its evidence which contradicts that statement, whatever its probative weight.