CLEARFIELD – Problems between the District Attorney’s office and a judge were an issue during a special hearing on a rape case Monday.
President Judge Fredric J. Ammerman noted to DA Ryan Sayers, that his office is not filing case information sometimes until the case has jury selection or sentencing.
“That needs to stop,” he said before mentioning that an administrative order was filed March 27, signed by both Ammerman and Judge Paul Cherry, which now requires the District Attorney to file the information within 15 days after the preliminary hearing.
You are “playing games” to keep the court from seeing this information, Ammerman said.
The order states that if the information is not filed in this time period, “the matter shall be scheduled for a hearing before the Court at the next session of Motions Court, before the applicable Judge.”
At that hearing the DA will have the burden to show why the information has not been filed and the court has the option to dismiss the case.
On Monday, Ammerman also referred to a signed agreement in the Jonathan Maines case on the reinstatement of the charges if the defendant chooses to withdraw the plea or go to trial. This listed several charges which were withdrawn and it was signed on Oct. 26 by both the prosecution and defense. When asked, Sayers said it was not filed with the clerk of courts.
Ammerman called the signed agreement a “side deal” and stated that in 29 years he has never seen something like this.
Sayers claimed that this practice was done before he was DA saying “they must have done a better job at hiding it.”