By Rodney L. Sherman
Staff writer
PAINT TWP. – A 35-year-old man was ordered last week to stand trial on charges he forced a then 12-year-old girl to watch pornographic movies and that he exposed himself to the girl in 2012.
James Michael Dehner
District Judge Timothy P. Schill March 1 ordered James Michael Dehner to stand trial on charges dissemination of pornographic material to a minor, a third-degree felony; corruption of minors, a first-degree misdemeanor; and three counts of open lewdness, a third-degree misdemeanor.
Dehner is serving a sentence in state prison on unrelated charges.
State police Tpr. William Craddock was the lone person to testify at the 30-minute hearing.
Craddock said he was contacted June 15, 2015, Clarion County Children and Youth Services and to a case of possible child abuse.
Craddock testified he witnessed via closed-circuit television a forensic interview the victim did with trained interviewer with Western Pennsylvania Cares for Kids in Brookville.
Defense attorney Erich Roy Spessard objected to Craddock’s testimony, saying the testimony the trooper would offer was hearsay.
Clarion County Assistant District Attorney Drew Welsh countered state law allows hearsay testimony at preliminary hearing where the commonwealth’s burden of proof is lower, requiring the prosecution to show only that a crime most likely occurred and the defendant could have been involved.
Schill over-ruled Spessard’s objections and allowed Craddock’s testimony to continue.
Craddock said the girl told investigators her mother is Dehner’s ex-paramour and the alleged incidents occurred when her mother and Dehner lived together in Toby Township.
The girl told investigators Dehner on three occasions instructed the girl to retrieve a “pump” from a dresser which he told the girl helped him relieve pressure.
The girl also said Dehner forced her watch a pornographic movie that involved two men and one woman.
Spessard again objected, saying the term “pornographic” was vague and the commonwealth did not show the alleged movie would be offensive to the ordinary person.
Spessard also said since the victim was not testifying at the hearing, the commonwealth had not shown the victim was alarmed or otherwise offended by Dehner’s alleged actions.
“We’re talking about an adult male masturbating in front of a 12-year-old child,” said Welsh. “I think that would alarm anyone.”
Schill again allowed the testimony.
Craddock said he asked to be allowed to interview Dehner at the state prison where he is serving another sentence, but Dehner refused to meet with him. Craddock said Dehner also did not to respond to a letter Craddock sent to the state prison.
Schill ordered Dehner to stand trial on all charges and agreed to designate Dehner’s $2,500 bail as “unsecured,” allowing Dehner to be returned to state prison rather await trial in the county jail.
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