CLEARFIELD – Attorneys for a Madera man facing multiple rape and sexual assault charges are questioning the foundation of his case.
Robert Philbert Myers, 36, 2816 Main St., Madera, is charged with 150 counts each of rape forcible compulsion and statutory sexual assault-11 years older; 100 counts each of involuntary deviate sexual intercourse-forcible compulsion and IDSI-person less than 16 years of age; and 250 counts each of indecent assault-forcible compulsion and indecent assault-person less than 16 years of age.
He is accused of assaulting a 12- or 13-year-old victim over the span of three years. After a preliminary hearing in December, a judge ruled all charges be sent on to the court of common pleas. He is currently free on $150,000 bail.
According to published reports, Myers was elected a supervisor in Bigler Township in November.
Carl Zwick and Leanne Nedza, who are both representing Myers, asked Judge Paul Cherry during Motions Court to have the Commonwealth provide a bill of particulars detailing the time and place of each incident for each count. They also filed a petition for habeas corpus and questioned the procedure at his preliminary hearing.
“There is no basis for this case,” Zwick said, explaining that the only witness at the preliminary hearing was the investigating officer who did not even have his original notes.
He went on to say there is no physical evidence and only hearsay evidence from the officer.
Assistant District Attorney Ryan Dobo responded that hearsay evidence can meet the burden at a preliminary hearing.
When questioned by phone on this issue, District Attorney William A. Shaw Jr. confirmed this and he added that it is not required that a juvenile victim testify at a preliminary hearing.
Zwick was also asking for copies of Facebook messages allegedly sent by Myers to the victim. Nedza stated that the victim admitted that she was the one who opened the Facebook account for Myers and she had access to it.
Cherry responded that the Commonwealth does not have a duty to investigate “what you want them to investigate.” They can review requests for discovery and then respond if they don’t have it.
Dobo said that discovery in this case has been provided and he defended the officer saying he had done a thorough investigation.
Cherry ruled that the prosecution must provide the bill of particulars within 15 days to the defense. Also, the defense is to supply briefs on its position regarding the lack of evidence within 20 days and the prosecution will have 20 days to respond. Cherry will rule on the motions after reviewing the information.
According to the affidavit of probable cause, the victim told the officer Myers made her have sex with him in a Madera residence and in his tractor-trailer with a sleeper cab. She provided the investigating officers with significant detail on the activities.
She described him as being persistent when she said no and said she was afraid of him. He is physically bigger and eventually she would do what he told her to do, she explained. He would “trade her” for the acts, sometimes giving her money for a car payment, cigarettes or marijuana.
He allegedly told her not to tell anyone and claimed she would get in more trouble than he would. He threatened her if she did not give him sexual gratification.
She provided Facebook messages to the investigating officers in which he allegedly asked her if “the weenie wash was open tonight” and after she said no, he sent another message saying “it’s not rape. It’s love.”
The victim was interviewed by a child psychologist who specializes in sexual abuse cases. This psychologist expressed his belief in the credibility of her accusations. He said he did the math and came up to at least 250 occurrences.