Apr 3, 2002 By Jennifer Harr 2 min read

Fayette County child abuse prosecutor Jack R. Heneks Jr. filed notice Tuesday that he does not intend to present a 7-year-old victim of sexual abuse if her alleged assailant goes to trial. Heneks said that the girl’s testimony would come into the trial through things she told state police trooper Donald S. Lucas and two family members.

The child was allegedly abused by David James Verbus, 25, of 34 Markle St., Uniontown. Verbus, who was in Mayview Hospital, the state’s psychiatric facility, allegedly abused the girl on Feb. 20, 2001, while babysitting her. The child initially refused Verbus’ alleged requests to look at her body, but, according the affidavit, he still abused her.

Verbus is charged with rape, aggravated indecent assault and corruption of minors.

According to the affidavit, Verbus confessed the abuse to trooper David W. Simpson during a Feb. 27, 2001 interview.

Heneks also said that prosecutors had DNA evidence linking Verbus to the crime.

To preclude the girl from testifying, Heneks said he would need to have her declared unavailable. One such reason for declaring unavailability is memory loss.

Before the girl is permitted not to testify, Heneks said there would likely be an in camera hearing. That means that the public will be excluded from the courtroom or a judge will hold the hearing in chambers to determine if the girl will have to take the stand.

No action was taken on Verbus’ case yesterday, but he will likely need to continue the case to next trial term since it could be called this term.