CLEARFIELD – A jury deliberated for approximately 50 minutes Tuesday afternoon before finding a local bakery owner, Uzi Kornhauser, 56, of DuBois guilty on one of three counts of indecent assault.
The indecent assault charges against Kornhauser stemmed from an incident that occurred Feb. 4 at his bakery, Uzi’s Pastries, on North Brady Street in DuBois. Kornhauser was accused of having inappropriate contact with a female customer.
The commonwealth’s case was prosecuted by District Attorney William A. Shaw Jr. Kornhauser was represented by defense attorney Gary Knaresboro of DuBois. Judge Paul E. Cherry presided over the trial.
The victim testified first for the commonwealth, saying she went to Kornhauser’s bakery on the morning of Feb. 4 for coffee and a doughnut. She had visited the bakery four or five times prior to the incident.
While she was inside the bakery, she said Kornhauser joined her at a small table. She said they were alone and made small talk about the weather, since she wasn’t from the area and didn’t drive well in the snow.
When she mentioned it was time for her to leave, she said Kornhauser came around to her right side and gave her a hug. While doing this, she said he also grabbed her breast and kissed her twice on the lips.
The victim said she asked herself if she’d talked or dressed differently to have this happen to her. She said she did not and found herself bewildered by what Kornhauser had done to her.
As she attempted to leave the bakery, she said Kornhauser asked if she wanted any soup, but she replied no. She said Kornhauser gave her soup anyway, and as she turned to leave, he grabbed her shoulders from behind and then “bear-hugged” her. She said she could also feel him touching her all over her body, and he turned her face and kissed her twice on the lips.
The victim said she was afraid as she was much smaller than Kornhauser. She said she wasn’t an aggressive person and thought if she didn’t get out of there, she would be in trouble.
According to her, she kept walking until she was out of Kornhauser’s embrace. She put her jacket on and collected her purse from her table, so that she could leave the bakery. When she got near the door, she said Kornhauser reached around her. She said he grabbed her buttocks and commented to her “nice butt.”
When questioned by Shaw, she said she neither invited nor suggested to Kornhauser that she wanted him to kiss or touch her. She also said that Kornhauser never asked for permission to do so.
The victim said when she got out of the store she was very upset. She didn’t feel safe going back to her apartment, as it was near the bakery. The victim said she went to Bon-Ton, where there would be people around, until meeting her friend for lunch.
During the course of her day, she discussed what had happened with her mother and several friends. She said a friend helped her with calling the DuBois City police and filing a report.
Under cross-examination, the victim said looking back she wishes she had fled from the bakery rather than staying to accept soup. She said although she never communicated it verbally, she said it was obvious that Kornhauser’s physical contact with her was unwanted by her body language.
Corporal Randy Young of the DuBois City police said he received and investigated the report from the victim. He also testified that he and another officer went to Uzi’s Pastries and interviewed Kornhauser on Feb. 5, the day after the incident.
According to him, Kornhauser indicated police were probably there about the female who was in the bakery the day before. He told police the female customer hadn’t been in a while, and he kissed her twice on the lips.
Young said during the interview, Kornhauser mentioned it was how he greeted friends and he was from Israel. He said those who don’t want him to will turn their heads and say “no.”
Young also said Kornhauser told him he slapped the victim’s buttocks and told her it was nice. However, he said Kornhauser didn’t recall that he’d touched her breast while she was in his bakery.
Throughout the course of the interview, Young said that Kornhauser was upset. He said he kept saying that he neither wanted to hurt nor bother anyone. Young said Kornhauser told him he thought it was OK because he was from another country.
Kornhauser also testified in his own defense. He said he’d hugged the victim during her previous visits to the bakery. On Feb. 4, he said he came around the counter, gave her a hug and kiss. When he brought her coffee and a doughnut he said he sat at the table with her to talk.
Kornhauser said it’s normal for him to hug and or kiss customers who he considers to be his friends. He said it’s his way of greeting and welcoming them, and it isn’t intended to be anything sexual.
Kornhauser testified that he never touched the victim’s breast. He said that when he smacked the victim’s buttocks and told her it was “nice,” she replied “thank you.” Kornhauser also said during the incident, the victim never told him “no” or pushed him away.
Under cross-examination, Kornhauser said the victim was wearing a “sexy” dress, and when he smacked her buttocks he was trying to be friendly and funny with her. He said it wasn’t appropriate for him to do so, but it wasn’t intended to be sexual.
In closing, Knaresboro pointed out that the victim didn’t tell Kornhauser to stop or try to get out of the bakery right away. He also said she went to several friends and her mom before she reported it to police.
Shaw countered, arguing that the victim doesn’t have the duty or burden to say no. He said laws don’t impose that upon the victim, and sets expectations for the defendant to behave in a reasonable manner.
“Don’t blame the victim,” he said. “All she wanted was to get coffee and a doughnut. Instead, she gets groped.” He said the victim was mild-mannered and non-confrontational, and it doesn’t mean she handled the situation wrong for going to family and friends first.
Shaw said that Kornhauser admitted to kissing and hugging the victim and smacking her buttocks. “It’s not something done in a greeting or as a joke … it’s what we call indecent assault.”
In an interview with the press at the close of trial, Shaw said he was very satisfied with the jury’s verdict and called it a “fair decision.”
