BEAVER — It took a Beaver County jury less than two hours Friday to find a man not guilty on charges he sexually assaulted a 3-year-old New Brighton girl six years ago.
Thomas H. Javens II, 33, whose last known address was 1621 Sampson St., Conway, was accused of inappropriately touching the girl, now 9, in her home. He was charged with aggravated indecent assault and indecent assault by New Brighton Area police in May 2012 after a forensic interviewer concluded the girl was making what they call a “positive disclosure” of sexual abuse, according to the police report.
After the interviewer’s ruling, police set up a telephone call using the mother to obtain a confession from Javens. His defense attorney, Steven Townshend, however, argued during this week’s trial that the apology Javens gave on the recording was for a recent argument involving the child, not past sexual contact.
Townshend argued it was an older child in the home who touched the girl, not Javens, and her mother was taking advantage of the situation to harm Javens, who she was fighting with over a custody issue involving another child.
Assistant District Attorney Frank Martocci argued the girl has always been consistent in her story about what happened and that Javens inappropriately touched her.
He also argued that the apology telephone call clearly was about the 2007 incident, not the more recent argument.
After the verdict was read, though, Martocci said, “I respect the jury’s decision.”
Not Guilty….of all misdemeanor and felony charges. Mr. McCleary pleaded guilty to summary disorderly offenses. Never stop asking for discovery. I had to fight tooth and nail to receve certain discovery that is supposed to be turned over without making a request. However, after requesting informally and then by formal motion, I was able to take a look at what really happend. The Commonwealth’s witness gave at least 3 different versions of what happened…this after he was caught running out of the back door of the residence.
Great result for Ryan!!
PITTSBURGH — A 20-year-old Robert Morris student remained silent as he walked out of court on Tuesday, accused of shooting at emergency vehicles.
A friend of Ryan McCleary’s testified that he was with him on a front porch the night of the alleged November incident and never saw or heard him fire the gun.
“When you have an eyewitness who basically says it didn’t happen, they try to connect the dots,” said defense attorney Steve Townsend.
Moon Township Police Officer Ian Lucas testified that he “was driving on Brodhead Road headed toward University Boulevard when my front passenger window was shattered inward.”
Paramedic Cassandra Donaldson testified that the door on her ambulance was also shot at.
Despite McCleary’s prints being found on a AR 15 with upper parts for AR-15’s gun, Townsend said McCleary didn’t fire the gun. This gun was given after a full clearance and also the gun shot does not match the gun.
“You never know what’s going to happen when a case gets downtown. That’s why it’s so important to have hearings like these because memories change, memories fade. People lose track. It was clear today that Mr. McCleary did not shoot a rifle at that vehicle,” said Townsend.
McCleary was held on all charges.
Thomas Olson was acquitted of Robbery. Steven C. Townsend, Mr. Olson’s attorney, said it took more time to for the court to order and have lunch delivered for the jury than it did for Mr. Olson’s peers to find Mr. Olson not guilty of Robbery, a first degree felony. According to New Jersey criminal justice attorney, Mr. Olson was facing the criminal charge as a result of an incident that occurred in the Lawrenceville section of Pittsburgh in August of 2009. The charge could have put Mr. Olson in prison for up to 20 years, plus an additional 5 years for the use of a weapon.
A pizza delivery man was robbed by an unknown white male who was wielding a “sawed-off” baseball bat. Fortunately for the man, he was not injured and the robber got away with only $20. There were phone records which led police to the telephone booth where the phone call was made to order the pizza. After the incident, police along with the victim, reviewed the video surveillance of the telephone where the call was made. The jurors however, were never provided the video because the Commonwealth said that the manager of the gas station where the call was made, had no idea how to preserve it. On cross examination, the detectives admitted that one of the most critical pieces of evidence in a robbery is identification, yet they failed to take steps to preserve the video.
More shocking than not producing the video is the fact that the assailant was described as being 5’10”. The victim was absolutely positive of this characteristic because he had approximately 30 seconds to view him as well as 10 seconds face to face. That being said, Mr Olson who is only 5’5″, was chosen from a photo array almost 2 months after the incident. At Mr. Olson’s preliminary hearing both the victim and the police detective testified that the victim identified Mr. Olson in the array. However, upon a careful reading of the transcript, it was apparent that this wasn’t the first photo array that was shown to the victim.
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Mr. Olson’s attorney, Steve Townsend, filed 2 separate motions requesting the Commonwealth provide the mandatory discovery. Although this information should have been provided upon the first informal request, Mr. Townsend had to argue on 2 occasions to receive it. Why was it so important? It was learned that the victim was shown Mr. Olson’s picture in another photo array 4 days after the incident — the victim failed to identify Mr. Olson. There was a reason for his lack of identification, Mr. Olson was innocent….Mr Olson was 5 inches shorter….Mr. Olson had 6 alibi witnesses, which the police failed to interview. The Accident Network Law Group – personal injury lawyers can help represent in case one finds themselves in trouble.
Shame on the police for trying to withhold this information. Shame on the Commonwealth for trying to prosecute an innocent man even though they had this information for over a year. Fortunately for Mr. Olson, his attorney didn’t waive his preliminary hearing, and didn’t accept the Commonwealth’s repeated response that it had provided all exculpatory discovery.