Published: November 05, 2009 11:08 pm      

Evidence doesn’t warrant new trial, Cambria judge rules

Defense plans appeal in sex assault case

EBENSBURG — Psychological evidence excluded at a Richland Township man’s 2007 trial was not prejudicial to the defense, Judge Timothy Creany ruled this week.

It does not warrant a new trial on charges that the man sexually abused a girl, he said.

Rickey Carbone, 43, is serving 21/2 to seven years at Rockview State Correctional Institution in Centre County plus three years of probation.

The jury convicted Carbone of aggravated indecent assault, indecent assault and corrupting the morals of a minor. But he was acquitted of seven other sets of the three charges.

The state Superior Court sent the case back to Creany after ruling that testimony about the psychological evaluations of the girl and her mother should not have been excluded.

Creany’s new decision, filed here Tuesday, will be appealed to the Superior Court, defense attorney Kevin Rozich of Johnstown said Thursday.

Rozich, who had not yet seen the opinion, said, “Anytime you have an evaluation by someone appointed by the court about a witness not being truthful, it’s important to it get before a jury.”

The prosecutor, Assistant District Attorney Tamara Bernstein, said, “We believe there was no prejudice suffered by the defendant. We’re pleased with the judge’s ruling.”

Creany, in his seven-page ruling, said: “The court is convinced that the statement (about the mother’s unfounded other allegations) would not have been verdict-changing ... (The report) would not have turned the tide in the defendant’s favor.”

The judge also pointed out that during the trial, “The jury was made well aware of the contentious relationship between the mother and the accused and was free to interpret the evidence as it chose.”

Rozich had contended that the girl was coached or influenced by her mother in making false allegations about the sexual abuse.

Creany also said that a psychologist who testified for the defense was not asked at trial about the girl’s having told – according to the psychologist’s report – “a convincing lie” about the family having 17 dogs.

The psychologist did testify about the girl’s conflicting statements on whether something “bad” had been done to her, the judge said.