2013-03-23 / News

Chapman charges consolidated for trial

Joseph W. Chapman was back in familiar surroundings as he returned to Cameron County Court to hear Judge Richard Masson’s decision on a motion to dismiss a raft of charges against him due to lack of evidence.

Masson delayed action on the request, filed by defense attorney James Martin, but granted a motion from District Attorney Paul Malizia to consolidate the various charges against Chapman for trial.

Martin has asked the judge to reverse the decision by District Judge Barry Brown, who remanded the case for trial following a preliminary hearing.

Chapman, 29, was initially charged by Emporium Borough Police. State police at Emporium later added six counts, including rape of a child.

The two most serious rape counts were carried over for trial by Judge Brown, as were three counts each of involuntary deviate sexual intercourse, aggravated indecent assault and indecent assault. Incidents are alleged to have occurred at two Cameron County residences from November 2005 to April 2007.

Chapman is currently serving a prison term for escaping from the McKean County Jail.

In other court action:

• Allen C. Marshall, 30, of Emporium, pleaded guilty to theft by unlawful taking and possession of a controlled substance. He was sentenced to 12 months probation on each charge, to run consecutively. Marshall received credit for 111 days time served, was fined $300, ordered to pay $113 in restitution to the state police crime lab and pay court costs. Marshall must also complete a 28-day, in-patient drug and alcohol rehabilitation program.

• James V. Clinger, 21, of Emporium, entered a guilty plea to simple assault, resulting from an incident in January when he struck a female victim in the face multiple times. Clinger was given 12 months probation, fined $300, and credited for 55 days served in jail. He was released into the custody of state authorities, as his guilty plea constituted a violation of his state parole status.

• Thomas M. Lipinski, 33 of Emporium pleaded guilty to disorderly conduct and was fined $300 and ordered to pay court costs. Lipinski then pleaded not guilty to a second count of disorderly conduct. Jury selection on that charge was scheduled for July 23.

• Christopher M. Floyd, 36, admitted to a charge of simple assault and was sentenced to 61 days time served, 12 months probation and a $300 fine. Charges stemmed from an incident last October in Emporium in which Floyd punched a female victim.

• Morgan B. Barnhart, 21, of Emporium had her probation continued on the condition she complete a state-ordered treatment program with a behavioral health agency in Dubois. Barnhart had failed to follow up on the mandated treatment program and had faced possible probation revocation.

• Charges of disorderly conduct/hazardous physical offense against Jerald Glover of Emporium were held over for a non-jury trial.

• Arraignments were held for Steve Malesovich and Kathleen Macmillan, both for driving under the influence, and Michael J. Hallowell for burglary. George J. Smith had his arraignment for DUI continued until April 16.

• Martin J. Lyon waived his arraignment for simple assault.

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