however, Tina Traxler, called as a witness for the Commonwealth, recanted the tape-recorded statement and testified that neither she nor appellee had entered the Wilson Manufacturing plant on September 14, 1980 after the car had broken down. Over objection, the Commonwealth was permitted to introduce the tape-recorded statement as substantive evidence, not merely to impeach Ms. Traxler's credibility. Application Prior to the Supreme Court's decision in Brady, a criminal defendant could obtain a judgment of acquittal when the Commonwealth's case relied completely or principally on out of court statements by witnesses. The typical scenario would involve a witness that recanted or disavowed an earlier statement made to police officers (see Facts section infra) concerning the defendant's liability. Under Brady and its progeny, it is then for the finder of fact to determine whether the witness is telling the truth now, or whether the witness was being truthful when he or she gave the first statement to the police. References External links Pennsylvania Rules of Evidence Federal Rules of Evidence Philadelphia Bar Association Criminal Justice Section CLE Lecture on Brady-Lively featuring Daniel-Paul Alva, Judge Sarmina, and Professor Jules Epstein 1986 in United States case law Pennsylvania state case law United States hearsay case law United States state evidence case law 1986 in Pennsylvania