Com. v. Hardin, J.
CourtSuperior Court of Pennsylvania
Date FiledNovember 10, 2026
Docket1431 WDA 2025
JudgeLane
StatusUnpublished
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Full Opinion
J-S30028-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JOSEPH GLENN HARDIN :
:
Appellant : No. 1431 WDA 2025
Appeal from the Judgment of Sentence Entered November 3, 2025
In the Court of Common Pleas of Fayette County Criminal Division at
No(s): CP-26-CR-0000464-2024
BEFORE: STABILE, J., LANE, J., and BENDER, P.J.E.
MEMORANDUM BY LANE, J.: November 10, 2026
Joseph Glenn Hardin (“Hardin”) appeals from the judgment of sentence
imposed following his convictions for indecent assault of a person less than
sixteen years of age, and corruption of minors, and harassment.1 We affirm.
We summarize the relevant factual and procedural history of this matter
as follows. In May 2023, A.H. (“the victim”) disclosed to her therapist that
Hardin raped her in the summer of 2022 when she was thirteen years old.
The victim then reported the incident to police. During the ensuing police
investigation, Hardin, without counsel present, voluntarily submitted to a
polygraph examination in August 2023 at the Pennsylvania State Police
Barracks. This examination, which consisted of a pre-test interview, a
polygraph examination, and a post-test interview, was audio and video
recorded. Before the examination began, Hardin informed Pennsylvania State
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1 See 18 Pa.C.S.A. §§ 3126(a)(8), 6301(a)(1), 2709.
J-S30028-26
Trooper Brett Stivason (“Trooper Stivason”) that he could not read. The
trooper read the consent form aloud to Hardin, ensured he understood all
warnings contained therein before initialing and signing the form, and
repeatedly informed Hardin that his participation was “completely voluntary”
and that he could “leave at any time.” N.T., 1/28/25, at 11. During the
examination, Hardin stated that the victim touched his penis over his clothing,
and he admitted to touching the victim’s vagina over her clothing. He
conceded that his penis may have become erect, but denied that it came into
contact with the victim’s vagina. Subsequently, at the 12:55 p.m. time mark,
Hardin stated he was “thinking about the attorney option.” Id. at 8. Trooper
Stivason testified that he asked for clarification as to whether Hardin wanted
counsel, but Hardin “continued on and he reiterated that it was just touching
overtop of the clothing.” Id. at 20. When Hardin indicated he “wanted to be
done” because he felt “very nervous,” Trooper Stivason ended the interview.
Id. at 8, 24.
The Commonwealth charged Hardin with rape, statutory sexual assault,
indecent deviate sexual intercourse (“IDSI”), aggravated indecent assault,
corruption of minors, indecent exposure, indecent assault of a person less
than sixteen years of age, and harassment. Subsequently, Hardin filed a
motion to suppress “all statements made . . . in the pre-polygraph interview,
the polygraph examination, and post-polygraph interview. . . .” Hardin’s
Omnibus Pre Trial Motion, 11/20/24, at unnumbered 3. The trial court
conducted a suppression hearing in January 2025. After taking the matter
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under advisement, the suppression court denied, in part, and granted, in part,
the motion. Specifically, the court denied Hardin’s motion to suppress
statements made during the pre-test interview, polygraph examination, and
part of the post-test interview up to the 12:55 p.m. time mark in the video
recording. The court granted the motion with respect to all statements made
after the 12:55 p.m. time mark, when Hardin told the trooper, “I’m thinking
about picking the lawyer option,” finding that Hardin had invoked his Fifth
Amendment right to counsel. Order, 6/3/25; see also Suppression Court
Opinion, 6/3/25, at 6.
The matter proceeded to a jury trial in July 2025. The Commonwealth
presented several witnesses, including the victim, her mother (“Mother”) and
grandmother (“Grandmother”), and two Pennsylvania State Troopers who
investigated the case. The victim testified that in June 2022, when she was
thirteen years old, she was spending the day at Grandmother’s house with her
younger brother and his friend. The victim’s stepfather and two other men,
including Hardin, were working in Grandmother’s pull-barn organizing lawn
equipment. After lunch, the victim, Hardin, and the boys walked into the
woods behind Grandmother’s home. The boys complained they were still
hungry, so the victim and Hardin walked them back to the house, and then
returned to the woods together.
As they walked along the railroad tracks, Hardin began to compliment
the victim’s appearance. Suddenly, Hardin pushed her down from behind,
causing her to land face first onto the ground. He then pulled down her pants
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and underwear to her ankles, got on top of her, and spread her legs apart
“[f]rom the back of [her] thighs.” N.T., 7/8/25, at 101-03, 127. She testified
that he raped her vaginally from behind, holding down her shoulders with his
hands, and that “his pelvic area [was] bouncing off of [her] butt.” Id. at 103.
The victim stated that she was “crying,” and when she tried to yell, “nothing
[came] out.” Id. She did not try to resist or fight, explaining: “I was froze.
Like my body froze up. I couldn’t move.” Id. at 102. Afterwards, the victim
pulled up her pants and walked out of the woods with Hardin. Instead of
returning to Grandmother’s house, the victim walked to her neighboring
home, where she showered and washed her clothes. She testified that she
knew Hardin ejaculated because she “could feel it” and when she changed
clothes, she observed that “his ejaculant [sic] was inside of [her] pants and
underwear.” Id. at 103-04, 106. The victim did not disclose the incident until
the following year during a session with her therapist, because she was afraid
that if her stepfather found out, he would attack Hardin and get into trouble.
See id. at 129-30.
Grandmother testified that she was standing next to her walk-out
basement door when she observed the victim, Hardin, and the two boys walk
into the woods together. See N.T., 7/8/25, at 55. They returned as a group,
but then she saw the victim and Hardin go back into the woods. Grandmother
shouted, “[W]here you goin[g]?” but neither the victim nor Hardin replied.
Id. at 58. She observed them emerge from the woods together approximately
fifteen to thirty minutes later, but they did not return to her house and instead
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walked “sideways, up to the, like towards neighbors.” Id. at 59. Grandmother
did not see the victim again that day.
Mother testified that she learned about the rape allegation from her
daughter’s therapist, whom the victim was seeing for depression, anxiety, and
self-harming behavior that began sometime in 2022 or 2023. See id. at 72,
76-77, 83. That same day, Mother drove the victim to the police barracks to
make a report.
Pennsylvania State Trooper Grant N. Rukat (“Trooper Rukat”) testified
that he separately interviewed the victim and Mother after they arrived at the
police barracks to report a rape. On cross-examination, defense counsel
asked Trooper Rukat whether he was aware of the victim’s history of
depression and attention deficit hyperactivity disorder, self-harm, bullying,
and disciplinary action at school. See N.T., 7/9/25, at 162, 165-67. Defense
counsel also played a video excerpt from Trooper Rukat’s interview with
Mother, where she told the trooper about the victim’s behavior issues at
school. See id. at 168. Trooper Rukat confirmed that he learned about the
victim’s mental health and behavioral history from his interviews with the
victim, Mother, and Hardin. See id. at 162, 166-68. Defense counsel then
pointed out that the victim was disciplined at school and disclosed the rape
allegation on the same day. See id. at 169. On redirect examination, the
Commonwealth asked Trooper Rukat: “Was there any concern about her
troubles at school causing her to fabricate this that you followed up on in your
questioning?” Id. at 172. The trooper responded:
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Okay. So in any case you, I always ask the question[,] “Is
there a possibility that there is something else going on? Because
I want to get out in front of something to determine that. That’s
my job, to find the truth right? So I did follow up with [Mother]
and asked her obviously about school; concerns and different
things going on in her life, to make sure that you know, other
factors, obviously the glass can only get so full in our live[s] and
it spills over. Was there other stuff going on in her life, or anything
that would concern you for her fabricating anything? And she said
no. And I felt—”
Id. Defense counsel objected, arguing that he did not “believe [the trooper’s]
opinion on how if she is truthful or not truthful is admissible.” Id. The
Commonwealth withdrew the question, and the trial court instructed the jury
“to disregard the question, it has been withdrawn an[d] as I told you in the
preliminary instructions, it is the answer that you should be concerned with
and not the question.” Id. at 173.
Finally, the Commonwealth presented Trooper Stivason, who testified
regarding the voluntary interview2 with Hardin in August 2023, as previously
detailed. The Commonwealth played excerpts from the video recording of the
trooper’s interview with Hardin. Trooper Stivasin explained that Hardin denied
raping the victim, but he claimed that the victim touched “his penis . . . over
____________________________________________
2 The jury was not informed that Hardin submitted to a polygraph
examination; instead, Trooper Stivason described the encounter as a
voluntary interview. See N.T., 7/9/25, at 178; see also Commonwealth v.
Hetzel, 822 A.2d 747, 767 (Pa. 2003) (holding that “our courts uniformly
have been reluctant to permit any reference to a polygraph examination to be
made before the finder of fact. The current rule is that any reference to a
polygraph test which raises an inference concerning the guilt or innocence of
a defendant is inadmissible”).
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his clothing in a manner of cupping his genitals,” that his penis “may [have]
become hard, but his penis did not come out,” and that he, in turn, touched
the victim’s “vagina over top of her clothing.” Id. at 183.
At the conclusion of the Commonwealth’s case, the trial court granted
Hardin’s motion for judgment of acquittal on IDSI and indecent exposure. See
id. at 185-86. Hardin did not testify on his own behalf or present any
witnesses. The trial court denied Hardin’s motion to instruct the jury to
disregard the entirety of Trooper Stivason’s testimony on the basis of corpus
delecti. See id. at 194-95. Instead, the trial court read the following
instruction to the jury regarding the principle of corpus delecti:
In regard to this case, you heard testimony, you heard a
video and testimony regarding a statement given by [Hardin] to
Trooper Stivason. I am specifically instructing you that based
upon a part of the law known as corpus delecti, a defendant may
not be convicted on his admission alone without other evidence
proving that . . . admission, supporting that admission. If you do
not find beyond a reasonable doubt that there is other evidence
that supports the admission that there was touching by [Hardin]
of the genitalia of [the victim] you cannot find the defendant guilty
of indecent assault. Now all the other evidence that was
presented regarding the alleged rape can be used to determine
that. But if you do not find that there is other evidence to support
his admission that he touched the vagina of [the victim] beyond a
reasonable doubt, your verdict should be not guilty. However, if
you do find that there was other evidence that would support that,
your verdict beyond a reasonable doubt[,] your verdict should be
guilty.
N.T., 7/9/25, at 220. Subsequently, the trial court again instructed the jury
as to how to consider Hardin’s admission:
Members of the jury, I will again, it is a confusing and
difficult subject. But when I talked about corpus delecti, in regard
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to the indecent assault charge, as said, the law does not permit
using a defendant’s admission alone without other supporting
evidence to support a conviction. In this case, the alleged
admission came from the statement given to Trooper Stivason, .
. . where [Hardin] admitted to touching the vaginal area of [the
victim]. Unless you find other evidence to support that admission,
it would not be admissible and should not be considered by you or
used as a reason to find [Hardin] guilty. However, there was other
evidence about indecent touching that occurred that can be used,
regardless of whether or not there was an admission or not an
admission.
This is a special instruction in regard to the admission alone.
And that was the admission that there was touching by [Hardin]
of the vaginal area of [the victim]. In order for you to use that as
a reason to find [Hardin] guilty, you must find that there was other
supporting evidence offered to support that admission. And it is
you and you alone who decide what the facts are. And you
listened over the past day and a half, if there is any supporting
evidence to that.
However, you are not precluded from using the evidence of
the touching during the alleged rape as a basis if you find beyond
a reasonable doubt that that occurred and the other evidence
happened. The other evidence supports a finding that the
elements have been met, you can use that as a reason to find
[Hardin] guilty. If you do not find that, then you find [Hardin] not
guilty. That special instruction only applies to that admission by
[Hardin]. And should you need that reexplained to you, simply
send a note out, and I will explain it to you again.
Id. at 222-23 (paragraph breaks added and unnecessary capitalization
omitted).
The jury found Hardin guilty of indecent assault of a person less than
sixteen years of age and corruption of minors.3 On October 15, 2025, the trial
____________________________________________
3 The trial court separately found Hardin guilty of harassment, graded as a
summary offense.
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court imposed an aggregate sentence of twenty-six to fifty-two years’
imprisonment. Hardin did not file any post-sentence motions. He filed a
timely notice of appeal, and both he and the trial court complied with Pa.R.A.P.
1925.
Hardin raises the following issues for our review:
1. Whether the Commonwealth failed to present sufficient
evidence to prove beyond a reasonable doubt that [Hardin] was
guilty of indecent assault [of a] person less than [sixteen] years
of age and corruption of minors?
2. Whether the suppression court committed reversible error by
failing to suppress the entirety of [Hardin’s] statements made
in a post-polygraph interrogation in violation of Miranda v.
Arizona, 384 U.S. 436 (1966)[?]
3. Whether the Commonwealth failed to establish beyond a
reasonable doubt the corpus delecti of the crimes of indecent
assault [of a person less than sixteen years of age] and
corruption of minors?
4. Whether the trial court erred in permitting Trooper Rukat to
testify regarding his personal opinion that the juvenile victim .
. . was truthful when questioned by police?
Hardin’s Brief at 4 (issues reordered for ease of review).
In his first issue, Hardin argues that the evidence was insufficient for
the jury to find him guilty of indecent assault of a person less than sixteen
years of age and corruption of minors. Our standard of review for challenges
to the sufficiency of the evidence is well-settled:
The standard we apply in reviewing the sufficiency of the
evidence is whether viewing all the evidence admitted at trial in
the light most favorable to the verdict winner, there is sufficient
evidence to enable the fact-finder to find every element of the
crime beyond a reasonable doubt. In applying the above test, we
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may not weigh the evidence and substitute our judgment for the
fact-finder. In addition, we note that the facts and circumstances
established by the Commonwealth need not preclude every
possibility of innocence. Any doubts regarding a defendant’s guilt
may be resolved by the fact-finder unless the evidence is so weak
and inconclusive that as a matter of law no probability of fact may
be drawn from the combined circumstances.
The Commonwealth may sustain its burden of proof o[f]
proving every element of the crime beyond a reasonable doubt by
means of wholly circumstantial evidence. Moreover, in applying
the above test, the entire record must be evaluated and all the
evidence actually received must be considered. Finally, the trier-
of-fact while passing upon the credibility of witnesses and the
weight of the evidence produced, is free to believe all, part or none
of the evidence.
Commonwealth v. Widger, 237 A.3d 1151, 1156 (Pa. Super. 2020) (citation
omitted and paragraph breaks added). “[T]he uncorroborated testimony of
the complaining witness is sufficient to convict a defendant of sexual
offenses.” Commonwealth v. Cramer, 195 A.3d 594, 602 (Pa. Super. 2018)
(citation omitted).
The Crimes Code4 defines indecent assault of a person less than sixteen
years of age as follows:
(a) A person is guilty of indecent assault if the person has
indecent contact with the complainant, causes the complainant to
have indecent contact with the person or intentionally causes the
complainant to come into contact with seminal fluid, urine or feces
for the purpose of arousing sexual desire in the person or the
complainant and:
(8) the complainant is less than [sixteen] years
of age and the person is four or more years older than
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4 See 18 Pa.C.S.A. §§ 101-9546.
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the complainant and the complainant and the person
are not married to each other.
18 Pa.C.S.A. § 3126(a)(8). “Indecent contact” is defined as “[a]ny touching
of the sexual or other intimate parts of the person for the purpose of arousing
or gratifying sexual desire, in any person.” 18 Pa.C.S.A. § 3101. The phrase
“sexual or other intimate parts” “is not limited to only sexual body parts” but
also includes any part of the body “that is personal and private, and which the
person ordinarily allows to be touched only by people with whom the person
has a close personal relationship, and one which is commonly associated with
sexual relations or intimacy.” Commonwealth v. Gamby, 283 A.3d 298,
313-14 (Pa. 2022). “[T]he Commonwealth does not need to establish ‘skin to
skin’ contact in order to sustain a conviction for indecent assault,” nor does it
need to prove physical injury. Commonwealth v. Provenzano, 50 A.3d
148, 153 (Pa. Super. 2012) (citation omitted). We further note that “[t]he
separate crime of indecent assault was established because of a concern for
the outrage, disgust, and shame engendered in the victim” as a result of
involuntary touching; therefore, those feelings on the part of the victim are “a
relevant consideration in determining whether an indecent assault . . .
occurred.” Id.
Corruption of minors is defined, in relevant part, as:
Whoever, being of the age of [eighteen] years and upwards,
by any course of conduct in violation of Chapter 31 (relating to
sexual offenses) corrupts or tends to corrupt the morals of any
minor less than [eighteen] years of age, or who aids, abets,
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entices or encourages any such minor in the commission of an
offense under Chapter 31 commits a felony of the third degree.
18 Pa.C.S.A. § 6301(a)(ii). This Court has explained:
The statute requires that the knowing, intentional acts of
the perpetrator tend to have the effect of corrupting the morals of
a minor. . . . [A]ctions that tend[] to corrupt the morals of a minor
[are] those that would offend the common sense of the
community and the sense of decency, propriety and morality
which most people entertain.
Commonwealth v. Slocum, 86 A.3d 272, 277 (Pa. Super. 2014) (citation
and quotation marks omitted).
We further note:
It is a long-standing and well-established principle of our
Commonwealth that consistency in a verdict is not required.
[I]nconsistent verdicts are generally not reviewable because such
an individualized assessment of the reason for the inconsistency
either would be based on pure speculation, or would require
inquiries into the jury’s deliberations that courts generally will not
undertake. A criminal defendant already is afforded the protection
against jury irrationality or error by the independent review of the
sufficiency of the evidence undertaken by the trial and appellate
courts. Whether the jury’s verdict was the result of mistake,
compromise, lenity, or any other factor is not a question for
appellate courts to review.
Widger, 237 A.3d at 1160-61 (citations, brackets and quotation marks
omitted).
Hardin argues that the jury’s finding of not guilty on rape and sexual
assault charges “unambiguously demonstrates that the jury rejected [the
victim’s] assertions that [Hardin] raped her on the railroad tracks.” Hardin’s
Brief at 26-27. He avers that the victim testified that Hardin’s hands only
touched her shoulders when holding her down during the rape, therefore his
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touching was “not in a sexual manner.” Id. at 27. Hardin contends that the
trial court instructed the jury not to base their verdict solely on Hardin’s
admissions that he touched the victim’s genitals but “that there is no
independent evidence, beyond . . . Hardin’s own statements, to sustain the
[i]ndecent [a]ssault and corruption of minors charges.” Id.
The trial court considered Hardin’s first issue and found it meritless,
reasoning:
In the case at hand, the Commonwealth needed to present
sufficient evidence to demonstrate that [Hardin] committed the
crimes charged. The Commonwealth is not required to preclude
every possibility of innocence or establish [Hardin’s] guilt to a
reasonable degree of certainty. . . . The [v]ictim . . . testified that
when she and [Hardin] reached an area near a set of railroad
tracks, that [Hardin] pushed her to the ground and pulled her
jeans and her underclothes down to her ankles and penetrated
her vagina with his penis while she was laying on her stomach on
the ground. . . . Based on the testimony of the victim, a reasonable
trier of fact could have concluded that [Hardin] is guilty of the
named offense(s).
Trial Court Opinion, 1/22/26, at 5.
After careful review, we conclude that the evidence was sufficient to
support the jury’s finding of guilt for indecent assault of a person less than
sixteen years of age and corruption of minors. The record shows the victim
testified that Hardin suddenly pushed her from behind, causing her to land
face first on the ground, pulled down her pants and underwear to her ankles,
got on top of her, spread her legs apart from the back of her thighs, held her
down by the shoulders, and vaginally penetrated her from behind as his pelvic
area bounced off her bottom. She further testified that she felt him ejaculate.
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When she got home, she observed semen in her pants and underwear. We
conclude this testimony is sufficient to prove indecent assault since Hardin
engaged in “indecent contact” with a personal and private part of the victim’s
body and “intentionally caus[ed the victim] to come into contact with seminal
fluid” . . . for the purpose of arousing sexual desire.” 18 Pa.C.S.A. § 3126(a).
We further determine that this testimony was sufficient for the jury to find
Hardin guilty of corruption of minors, as Hardin’s actions were of the type that
“would offend the common sense of the community and the sense of decency,
propriety and morality which most people entertain.” Slocum, 86 A.3d at
277.
We reject Hardin’s assertion that the jury’s finding of not guilty with
respect to rape and the other more serious sexual offenses “unambiguously
demonstrates that the jury rejected [the victim’s] assertions that [Hardin]
raped her on the railroad tracks.” Hardin’s Brief at 26-27. As stated above,
the jury was “free to believe all, part or none of the evidence,” and “the
uncorroborated testimony of the complaining witness is sufficient to convict a
defendant of sexual offenses.” Widger, 237 A.3d at 1156; see also Cramer,
195 A.3d at 602. Although the jury chose not to convict Hardin of rape, this
does not mean that the jury did not believe the victim’s testimony. See
Widger, 237 A.3d at 1160 (holding “[w]hether the jury’s verdict was the
result of mistake, compromise, lenity, or any other factor is not a question for
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appellate courts to review”). We cannot, and will not, speculate how the jury
reached its verdict as that is not within our purview. See id.
We also reject Hardin’s contention that putting “his hands on [the
victim’s] shoulders” in this context was insufficient to prove indecent assault.
Hardin’s Brief at 27. Our Supreme Court has clearly defined “sexual and other
intimate parts” to include any body part that a person “ordinarily allows to be
touched only by people with whom the person has a close personal
relationship, and one which is commonly associated with sexual relations or
intimacy.” Gamby, 283 A.3d at 313-14 (holding that “the neck is an intimate
body part for purposes of Section 3126”). Moreover, the Commonwealth need
not prove “skin-to-skin” contact. Provenzano, 50 A.3d at 153. Thus,
Hardin’s act of holding down the victim’s shoulders over her clothing is
sufficient to prove indecent assault, particularly when considering the “shame,
outrage, and disgust” experienced by the victim. Accordingly, we conclude
that Hardin’s first issue is meritless and no relief is due.
In his second issue, Hardin argues that the suppression court
“committed reversible error by failing to suppress the entirety of [Hardin’s]
statements made during Trooper Stivason’s interrogation in violation of
Miranda[].” Hardin’s Brief at 16 (unnecessary capitalization omitted). Our
standard of review for challenges to a trial court’s denial of a motion to
suppress is “limited to determining whether the factual findings are supported
by the record and whether the legal conclusions drawn from those facts are
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correct. We review questions of law de novo but defer to the suppression
court’s factual findings when they are supported by the record.”
Commonwealth v. Foster, 332 A.3d 1187, 1194-95 (Pa. 2025) (citation
omitted). Where a defendant is challenging the voluntariness of a confession
or inculpatory statement, our determination is “a conclusion of law and, as
such, is subject to plenary review.” Id. at 1195 (citation omitted). In matters
where the defendant is challenging the suppression court’s ruling, “we may
consider only the evidence of the Commonwealth and so much of the evidence
for the defense as remains contradicted. Our scope of review of suppression
rulings includes only the suppression hearing record and excludes evidence
elicited at trial.” Commonwealth v. Yandamuri, 159 A.3d 503, 516 (Pa.
2017) (citation omitted).
In Miranda, the United States Supreme Court held that the Fifth
Amendment’s right against self-incrimination and the Sixth Amendment’s
right to counsel “require[] police officers to provide defendants with a clear
recitation of their constitutional right to remain silent and their right to an
attorney—and obtain a knowing and intelligent waiver of those rights—before
conducting a custodial interrogation.” Foster, 332 A.3d at 1195 (citation
omitted). “A defendant’s confession or inculpatory statement is not admissible
at trial unless it was made voluntarily.” Id. To assess the voluntariness of
an inculpatory statement, we must consider the following relevant factors:
the duration and means of interrogation, including whether
questioning was repeated, prolonged, or accompanied by physical
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abuse or threats thereof; the length of the accused’s detention
prior to the confession; whether the accused was advised of his or
her constitutional rights; the attitude exhibited by the police
during the interrogation; the accused’s physical and psychological
state, including whether he or she was injured, ill, drugged, or
intoxicated; the conditions attendant to the detention, including
whether the accused was deprived of food, drink, sleep, or medical
attention; the age, education, and intelligence of the accused; the
experience of the accused with law enforcement and the criminal
justice system; and any other factors which might serve to drain
one’s powers of resistance to suggestion and coercion.
Commonwealth v. Bryant, 67 A.3d 716, 724 (Pa. 2013) (citation omitted).
Hardin argues that the court should have suppressed the entirety of his
statements made before, during, and after the polygraph examination
because “he did not knowingly, voluntarily and intelligently waive his Fifth
amendment rights.” Hardin’s Brief at 18. He avers that he told the troopers
prior to the polygraph examination that “he could not read, was
uncomfortable, nervous and suffering from chest pain.” Id. at 18. He
contends that when the trooper read the consent form with Miranda warnings
to him, “it sound[d] like he was being arrested.” Id. He further argues that
during the interview, he complained that the room was too cold. Hardin avers
that “based on the totality of the circumstances,” namely “his inability to read
the consent form and his physical symptoms that he was experiencing at the
time of the interviews, as well as the cold temperature of the room,” he did
not knowingly, voluntarily, and intelligently consent to the polygraph
examination. Id.
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The suppression court considered Hardin’s second issue and found it
meritless. The court heard testimony from Trooper Stivason, and reviewed
the audio and video recordings of the pre-test interview, polygraph
examination, and the post-test interview, finding:
The pre-polygraph interview recording begins with the
officer telling [Hardin:]
I will explain everything to you beforehand. . . .
First thing we are going through is a consent form.
This is completely voluntarily [sic]. You don’t have to
do this. Nobody can force you to do this. It can’t be
held against you if you don’t do this. It has to be
completely voluntary for you to do this exam.
The officer then presented [Hardin] with a consent form to
which [Hardin] responded[,] advising the officer that he was
unable to read and was nervous. The trooper mitigated concerns
regarding [Hardin’s] illiteracy by reading the consent form aloud
to him; which included his Miranda warnings. Upon hearing the
Miranda warnings, [Hardin] stated, “Sounds like I’m being
arrested.” The officer responded[:]
You are not in custody. You are free to leave
any time you want to. This is a voluntary process.
You can’t be forced to take this thing. You can’t be
forced to answer any questions or anything like that.
That’s why it has to be completely voluntary on your
part to take this examination.
[Hardin] responded in the affirmative indicating that he
understood. The officer then stated, “If you decide to answer any
questions, you may stop at any time you wish. . . . Do you
understand the things I read to you?” [Hardin] responded, “Yes,
sir[,]” then initialed the consent form. The pre-polygraph
interview and polygraph examination occurred without incident.
Suppression Court Opinion, 6/3/25, at 2. Based on these facts, the
suppression court denied Hardin’s motion to suppress all statements up until
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the 12:55 p.m. time mark during the post-test interview video. The court
granted the motion with respect to all statements thereafter, finding that
Hardin invoked his Fifth Amendment right to counsel when he stated, “I’m
thinking about picking the lawyer option.” Id. at 6.
After careful review, we conclude the suppression court’s denial, in part,
of Hardin’s motion to suppress was supported by the record and free from
legal error. The record shows that Hardin voluntarily appeared at the police
barracks for a polygraph examination, where Trooper Stivason informed him
that the polygraph examination was “completely voluntary,” and reminded
him “multiple times” that he could leave at any time. N.T., 1/28/25, at 11.
After Hardin disclosed that he was illiterate, Trooper Stivason read the consent
form, which included Miranda warnings, aloud to him and asked Hardin
“multiple times [whether] he understood the meanings of what [he] said.” Id.
at 13. After verbally confirming that he understood, Hardin initialed and
signed the consent form. Id. at 8, 21. We further note that between the pre-
test interview and the actual polygraph examination, Hardin was given a
break, at which time he was permitted “to use the restroom, any type of
smoke break . . . [t]o get drinks or whatever [he] need[ed].” Id. at 11.
Thus, we detect no factors that would adversely affect Hardin’s ability
to knowingly, voluntarily, and intelligently waive his Fifth Amendment rights.
There is no evidence that Hardin was subjected to threats or abuse, deprived
of food, drink, or sleep, or was under the influence of drugs or alcohol during
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the examination. Although Hardin contends that he suffered chest pain during
the interview, we find nothing in the record showing he complained of pain,
requested medical attention, or was otherwise impaired by illness or disease.
Based on the totality of these circumstances, we determine that Hardin’s
waiver of his right against self-incrimination was made knowingly, voluntarily,
and intelligently. Therefore, we conclude that Hardin’s second issue is without
merit and no relief is due.
In his third and fourth issues, Hardin challenges the admissibility of
evidence at trial. Our standard of review regarding the admissibility of
evidence is well-settled:
Questions concerning the admissibility of evidence are
within the sound discretion of the trial court ... [and] we will not
reverse a trial court’s decision concerning admissibility of evidence
absent an abuse of the trial court’s discretion. An abuse of
discretion is not merely an error of judgment, but is rather the
overriding or misapplication of the law, or the exercise of
judgment that is manifestly unreasonable, or the result of bias,
prejudice, ill-will or partiality, as shown by the evidence of record.
If in reaching a conclusion the trial court over-rides [sic] or
misapplies the law, discretion is then abused and it is the duty of
the appellate court to correct the error.
Commonwealth v. Belknap, 105 A.3d 7, 9-10 (Pa. Super. 2014) (citations
and brackets omitted).
In his third issue, Hardin argues that the Commonwealth failed to
establish beyond a reasonable doubt the corpus delicti of the crimes indecent
assault and corruption of minors. This Court has explained that “the corpus
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delecti rule is a rule of evidence” and places a burden on the Commonwealth
to:
establish that a crime has actually occurred before a confession or
admission of the accused connecting him to the crime can be
admitted. The corpus delecti is literally the body of the crime; it
consists of proof that a loss or injury has occurred as a result of
the criminal conduct of someone. The criminal responsibility of
the accused for the loss or injury is not a component of the rule.
The historical purpose of the rule is to prevent a conviction based
solely upon a confession or admission, where in fact no crime has
been committed.
Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa. Super. 2005) (citations
omitted). The corpus delecti may be established by entirely circumstantial
evidence, and is a two-part process:
(1) In the first phase, the court determines whether the
Commonwealth has proven the corpus delicti of the crimes
charged by a preponderance of the evidence. If so, the confession
or extrajudicial statement of the defendant is admissible; (2) In
the second phase, the rule requires that the Commonwealth prove
the corpus delicti to the factfinder’s satisfaction beyond a
reasonable doubt before the factfinder is permitted to consider the
confession or extrajudicial statement in assessing the defendant’s
innocence or guilt.
Commonwealth v. Bullock, 170 A.3d 1109, 1118 (Pa. Super. 2017)
(citation and quotation marks omitted).
Pennsylvania has adopted the “closely related crimes” exception to the
corpus delecti rule, which provides “that where a defendant’s confession
rel