CLEARFIELD – Two witnesses who failed to appear and testify on behalf of the commonwealth were found to be in direct criminal contempt by Clearfield County President Judge Fredric J. Ammerman and sentenced to serve time in Clearfield County Jail.
Clearfield County District Attorney William A. Shaw Jr., announced Friday that both Carl Wells, 32, and Kasandra Fisher, 24, both of Houtzdale, were found to be in direct criminal contempt of a court order for failing to appear and testify after being served with subpoenas.
Both witnesses were subpoenaed to appear and testify during the Sept. 19 criminal jury trial against Kenneth J. Selvage.
While trial was in progress, Clearfield County First Assistant District Attorney,F. Cortez “Chip” Bell III called for the witnesses to take the stand, and they failed to respond.
When Specially Presiding Judge J. Michael Williamson inquired as to the witnesses absence, Bell explained that both witnesses had been hand served with subpoenas by Kenneth Hahn, a trooper with the state police. Bell produced signed copies of the served documents indicating both witnesses acknowledged receipt of the subpoenas.
Bell requested that Williamson issue a bench warrant for the arrest of the absconding witnesses. Williamson agreed and ordered bench warrants for both witnesses and directed they be taken into custody and held at the Clearfield County Jail until such time as they could be brought before the court.
On Sept. 21, both witness were taken into custody and brought before Ammerman.
During a hearing, Fisher testified that she didn’t have a ride and was unable to appear at the trial. Fisher’s mother stated she was out of state and unable to provide transportation. Fisher acknowledged that she received the subpoena and knew that she was required to appear and testify during the trial.
Wells testified that he was unable to read or write and didn’t understand what the subpoena required. Ammerman continued the hearing until Thursday and directed the district attorney’s office to provide the testimony of Hahn.
On Thursday, Wells, who was represented by attorney Donald Gibboney, informed the court that he received the subpoena and understood that he was required to appear. Wells argued that he had a learning disability and was confused.
Shaw argued that Wells clearly received and understood the subpoena. Shaw stated that Hahn was present in the courtroom and was prepared to testify that he personally served and explained the subpoena to Wells. Hahn would also establish that Wells understood that he was required to appear at the Sept. 19 hearing to testify.
Shaw stated that Wells has made phone calls to the state police and understands how to use a phone.
Shaw stated the criminal subpoenas have telephone numbers printed on them with information on who to call for further instructions.
Ammerman found both witnesses to be in direct criminal contempt of court and ordered that both Fisher and Wells serve 60 days in the Clearfield County Jail.
Ammerman further ordered that Wells pay costs in the amount of $125 as restitution for the time spent by the state police at the hearing.
Shaw stated that a subpoena to appear and testify is a court order.
By not complying with a subpoena, a witness is disobeying an order of court. Shaw said that if anyone is served with a subpoena, theyare served with a court order and the law is clear on the requirements to obey subpoenas.
Shaw believes the sentences reflect the serious nature of subpoenas and believes Ammerman has sent a very important message on the consequences of disobeying a court order.