Pennsylvania - Appeals court reinstates homicide charge against Pagan

OFF THE WIRE
The Pennsylvania Superior Court on Monday reversed an Allegheny County judge's ruling that homicide charges against a member of the Pagans motorcycle club should be dismissed.

Senior Judge John K. Reilly Jr. threw out the case against Kevin Doolin, 44, of Sheraden, earlier this month after prosecutors refused to grant immunity to a witness. Mr. Doolin is charged in the March 2009 shooting death of Albert Kolano, 33, of Elliott, following a confrontation at the Longview Lounge in North Versailles.

Judge Reilly said the district attorney's office had no reason to withhold immunity.

Assistant District Attorney Lisa Pellegrini, who appealed the ruling, said the witness was "a proven liar, a thief," as well as "a known drug dealer." Furthermore, she said, the witness' testimony was inconsistent with the evidence and his original statement to police the night of the shooting.

Senior Judge Gene Strassburger, writing for the three Superior Court members, upheld the witness' claim to a Fifth Amendment privilege in the case. But he said, "the trial court erred in dismissing the charges against Doolin."

Under state law, the court affirmed, "the prosecutor has complete discretion in deciding whether to grant immunity to a witness."

Mr. Doolin has remained in jail pending the ruling on the appeal.
http://www.post-gazette.com/pg/11179/1156762-100.stm#ixzz1QaIReRWU