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Court upholds assault verdict

Albritton had been convicted of contact with a 13-year-old

By KIERNAN M. SCHALK Sentinel reporter kschalk@lewistownsentinel.com
POSTED: November 11, 2009

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LEWISTOWN - The Superior Court of Pennsylvania struck down an appeal filed by a Lewistown man convicted of aggravated indecent assault, indecent assault, statutory sexual assault and corruption of a minor.

In an appeal filed with the court, defendant Ronald Albritton made several claims based on what he said were errors by his trial attorney, John McCullough.

The superior court opted to side with an earlier ruling issued by President Judge Timothy S. Searer in the Mifflin County Court of Common Pleas, who also rejected Albritton's claims of ineffective counsel.

Court documents indicate that Albritton claimed his attorney should have filed a motion to have the judge presiding over jury selection removed from the case, based on the fact that it was the same judge who presided over a preliminary hearing in the case, which may have led to a bias toward him during jury selection.

The superior court rejected this claim based on Albritton's lack of specifics to support his theory.

The superior court also added that, "As for the rest of (Albritton's) claims, the eight instances where trial counsel allegedly should have objected, we find (Albritton) has failed to persuade us the (common pleas court) erred in denying him relief thereupon. Accordingly, finding no error on the part of the (common pleas court), and determining that the (common pleas court) opinion of Jan. 16, 2009, adequately and accurately disposes of (Albritton's) claims, we adopt it as our own."

Albritton's charges stem from the sexual assault of a 13-year-old girl on three separate occasions, court documents indicate.

Albritton was not a stranger to the family - he was friends with the victim's brother as well as involved in a brief relationship with the mother, which the victim's mother testified to during the trial.

According to documents, Albritton entered the residence where the girl resides on three separate nights during April and May of 2005, while her mother was at work.

According to documents, the girl said Albritton had unlawful sexual contact with her, then forced her to have intercourse during each of the three occasions. The girl said she told Albritton to stop but he refused each time.

Albritton's case went to trial in July 2006 and he was convicted of the above charges; however, the jury found him not guilty of the most serious charge of rape.

In addition to the victim and her mother, Albritton's former cell mate, Raymond Sassaman, also testified at the trial.

Sassaman testified that Albritton made statements to him regarding sexual contact with the victim.

At the trial, Albritton took the stand and denied he ever assaulted the girl.

Albritton was sentenced in October 2006 to serve eight and a half to 17 years in a state correctional facility. He is represented by David A. Goldman.

 
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