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Thursday, September 16, 2010

[PA] Judge says if Trooper Lear's ex doesn't testify that he'll "throw the damn case out."

[UPDATE: Acquitted. See comment section.]

A Huntingdon County judge [Stewart Kurtz] told lawyers that he plans on throwing out the assault case against a state trooper [Timothy Lear] if the victim refuses to testify... "Here’s the deal, if she does not get up on the witness stand and testify, I’ll throw the damn case out"... “The defense obviously wants to make it as difficult for her as they can,” Senior Deputy Attorney General Anthony J. Krastek said...

PREVIOUS POST:
[PA] State Trooper Lear charged with assault, burglary, false imprisonment of ex-girlfriend
- The woman alleges Lear was a former boyfriend who, the evening of April 19, ripped and pushed through a screen door to her Huntingdon County home during an argument. He then accused her of having an affair, grabbed her arms to the point of bruising them and held her while she tried to get to a phone after she was able to escape from the house and get help, she went back inside to where Lear had fallen on the stairs and helped him clean and bandage a cut on his hand...

TROOPER ACCUSED OF ASSAULTING EX-GIRLFRIEND BACK IN COURT
WJAC Johnstown
Sep 14, 2010
A Huntingdon County judge [Stewart Kurtz] told lawyers that he plans on throwing out the assault case against a state trooper if the victim refuses to testify. Investigators said 33-year-old Timothy Lear is accused of entering his ex-girlfriend’s house and assaulting her last April. During Tuesday’s motions hearing, it was unclear if the victim would willingly testify against Lear. "She indicated to me that she didn’t want to go forward with this," said defense attorney Karen Muir. "I have absolutely no indication that this victim does not want to testify in this case," said Deputy Attorney General Anthony Krastek. "The defense obviously wants to make it as difficult for her as they can"... Officials dropped several charges against Lear, whose scheduled trial was abruptly postponed two weeks ago. Muir told WJAC-TV on Tuesday that she’s filing new motions to have the case dismissed, saying that the allegations sidetracked Lear’s life,... "It has drained him emotionally, it had drained him economically... It had affected his family, it has affected him and affected his career"... [Full article here]

TROOPER HOPES TO GET CASE DROPPED
The Centre Daily Times
Sara Ganim
September 15, 2010
[Excerpts] A Rockview state police trooper on leave while fighting charges he assaulted his ex-girlfriend during an argument at her home last year is trying to have his case thrown out. Timothy D. Lear, 33, will claim self-defense when his case goes before a Huntingdon County jury, his attorney, Karen Muir, said Tuesday. Lear was in court Tuesday in Huntingdon County arguing that the alleged victim has a history of violence and a reputation for dishonesty... Muir said she’ll have several witnesses from the community testify that the woman has a reputation for dishonesty... "The defense obviously wants to make it as difficult for her as they can," Senior Deputy Attorney General Anthony J. Krastek said... Muir says the woman has told several people in the past few months that part of her testimony at an August 2009 preliminary hearing was not true... Muir accused now-retired Deputy Attorney General James A. Reeder of threatening the woman, saying if she didn’t testify, he’d throw her in jail. "I think that’s a problem," Muir told Judge Stewart L. Kurtz. "Perhaps she needs someone to guide her and explain to her what her rights are." Krastek said after the hearing that the woman expressed no such doubt to investigators. But he acknowledged that if she refuses to testify at trial, "I lose." The judge agreed: "Here’s the deal, if she does not get up on the witness stand and testify, I’ll throw the damn case out"... Lear faces felony trespass and misdemeanor simple assault, false imprisonment and other charges. He’s been on leave without pay from state police since his arrest... [Full article here]
police officer involved domestic violence law enforcement pennsylvania state police psp recant recanted brotherhood]

9 comments:

  1. Hopefully this will all be settled soon and Tim will be vidicated and reume his life. We support you Trooper Lear.

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  2. FINALLY A JUDGE GETS IT RIGHT HOORAY!!!!!!!!!!!!!!!!!

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  3. AnonymousMay 13, 2011

    Lear found not guilty on May 12, 2011.

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  4. Trooper cleared of assault charges
    Centre Daily Times
    May 14, 2011 12:33am EDT

    A Rockview state police trooper accused of assaulting his ex-girlfriend was acquitted of all charges by a Huntingdon County jury Thursday.

    Karen Muir, the attorney representing Trooper Timothy D. Lear, said the jury deliberated for just 15 minutes before returning with a “not guilty” verdict on felony trespass, misdemeanor simple assault, false imprisonment and other charges.

    Muir said she was able to show the jury that the woman who said she was assaulted was not being truthful.

    “I think they just did not find the alleged victim credible,” Muir said.

    Lear, who had been placed on leave while the charges were pending, was accused of getting into an argument with the woman on April 19, 2009. At some point, police said, he grabbed her arms and, when she pulled away, he cut his hand. She helped him clean up the cut, and hours later, after talking to Lear several times on the phone, she called state police.

    During a hearing last fall, Muir indicated she’d raise questions about the woman’s credibility, saying the woman had told several people that part of her testimony at an August 2009 preliminary hearing was not true and had expressed reluctance to go forward with the charges.

    http://www.centredaily.com/2011/05/14/2711968/trooper-cleared-of-assault-charges.html

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  5. Suit claims love triangle led to trooper charges
    The Associated Press
    Updated: 08/16/2011 02:03:01 PM EDT

    HUNTINGDON, Pa.—A Pennsylvania State Trooper has sued a county prosecutor, claiming a love triangle led the district attorney to instigate an assault and burglary case against him.

    The federal suit filed July 29 by Timothy Lear against Huntingdon County District Attorney George Zanic also names three other state troopers and his then-girlfriend.

    Lear's suit claims Zanic had an intimate relationship with Lear's girlfriend and urged her to pursue charges. Lear was cleared at trial but he says he's still being kept on restricted duty.

    Zanic says his decision to refer the case to the state Attorney General's office in 2009 was "appropriate and necessary." He says he played no role in the prosecution and that the suit "relies more on personal attacks than on legal merit."

    The suit was first reported by WJAC-TV.

    http://www.yorkdispatch.com/penn/ci_18690818

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  6. what happen to this case? this man is running for judge.
    help us!

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    Replies
    1. Dont believe everything u read...

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  7. I had to alter this comment to hide the identity of the mentioned additional alleged victim in case she herself does not want her name on a public blog:

    "This woman, miss Forshey is not the first victim that trooper Lear has been accused of committing domestic violence. [A woman from a prior relationship] had also filed report that she too was violated and choked during an altercation. [She] gave testimony during an internal PSP hearing. What will it take for the State Police to do something? I pray me or any of my loved ones ever cross his path."

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  8. trooper Lear has been nothing but awesome. I'm so glad this all worked out in his favor

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