¶1concurring.
¶2I concur in the result the majority reaches in this case because I believe the trial court’s failure to record and transcribe the side-bar conferences has not provided this Court with a “full transcript or other equivalent picture of the trial proceedings.” Commonwealth v. Shields, 477 Pa. 105, 108, 383 A.2d 844, 846 (1978). See also Entsminger v. Iowa, 386 U.S. 748, 87 S.Ct. 1402, 18 L.Ed.2d 501 (1967) (“clerk’s transcript” containing only the information or indictment, the grand jury minutes, the bailiff’s oath, statements and instructions, and various orders and judgment entries of the court, but not a transcript of the evidence, briefs or arguments of counsel does not meet constitutional requirements binding on a state in administering its appellate criminal procedures). Such a trial transcript does not comport with either the applicable constitutional standards or with Pa.R.Crim.P. 9030. That rule provides, in relevant part:
Rule 9030. Recording and Transcribing Court Proceedings
(a) In court cases, after a defendant has been held for court, proceedings in open court shall be recorded.
(b) Upon the motion of any party, upon its own motion, or as required by law, the court shall determine and designate those portions of the record, if any, which are to be transcribed.
¶3*590As I read this rule, the recording of all proceedings held in open court is mandatory. I believe that compliance with this rule is of the utmost importance in capital cases such as the present one, where our de novo review makes a complete record of the trial proceedings absolutely essential.
¶4Because there are no transcripts of the side-bar conferences, I cannot make a judgment on appellant’s allegations of ineffective assistance of trial counsel and prosecutorial misconduct. Without their transcription, it is not possible to say to what extent the prosecutor failed to follow the guidelines or instructions of the trial judge, or to what extent defense counsel adequately objected to the perceived misconduct of the prosecutor. Since effective appellate review seems to me .precluded by the deficiencies in the transcript, to which appellant has a constitutional right, I concur with the majority’s mandate directing a new trial in this case.
¶5dissenting.
¶6I dissent. The opinion authored by Mr. Justice Zappala construes as conduct warranting a new trial actions of the prosecutor which did not rise to the level of misconduct that would have significantly undermined the fairness of appellant’s trial.
¶7The prosecutor’s cross-examination of defense witness Bonasorte, whereby an inference was created that Bonasorte was involved with an illegal drug business, was not sufficiently prejudicial as to warrant a new trial. Further, the prosecutor’s expression, “That’s a lie,” made to Bonasorte during a portion of the cross-examination, was shown by the record to have been issued in an interrogatory manner, rather than in a declaratory fashion; thus, it did not constitute a seriously prejudicial expression of opinion as to the witness’ veracity. Similarly, the prosecutor’s comment that Bonasorte should look the jurors in the eye, because the jurors were staring at him, was not improper, under the circumstances, for the record reveals that the *591comment was made in response to Bonasorte’s request, “I want to look at the jury.”
¶8There is no basis for the assertion that the prosecutor inferred that appellant had served time in prison for prior crimes. The prosecutor merely introduced evidence that one of the defense witnesses, Rossi, who had known appellant for 20 years, had been in prison for various periods during those 20 years. The mere fact that appellant knew someone who had been imprisoned is not evidence that appellant too had served time, and it is unreasonable to assume that only persons with records of criminal convictions could be acquainted with individuals who have served time in prison.
¶9Commonwealth witness Kellington testified that he did not warn Sacco of a plot against his life. Kellington stated that he was afraid to warn Sacco because of possible retribution from appellant, whom Kellington described as being a “coldblooded killer”. Kellington was, by this reference, merely explaining the basis for his fear, and without this reference Kellington’s explanation of the basis for his actions would have been an inadequate one. In closing argument, the prosecutor did not express an opinion that appellant was a “coldblooded killer,” but rather merely quoted testimony that had already been presented to the jury, which involved a relevant issue.
¶10The prosecutor, in closing, also called to the jury’s attention the fact that Bonasorte, upon leaving the witness stand, threatened the prosecutor. Since the record shows that the threat was in fact made, appellant was not unfairly prejudiced by the comment. Finally, the prosecutor’s comment upon defense witness Gabler’s testimony, whereby the prosecutor said, “He is the man who nailed the Commonwealth to the wall. Don’t let him do it,” was improper, but not sufficiently prejudicial as to warrant a new trial.
¶11I would, therefore, affirm the judgment of sentence.