Judge declares a mistrial in indecent assault case
A Fayette County judge declared a mistrial in the case of a Scottdale man accused of indecent assault for allegedly having inappropriate contact with a Fayette County teen, after a witness offered impermissible evidence to the jury.
Ira Howard White, 41, of 420 Newman St. was charged with indecent assault, unlawful contact with a minor, corruption of minors and harassment following an incident that occurred on Oct. 5 at a location in Dunbar Township.
The alleged victim, who was 14 at the time, testified she was helping her mother at a fundraiser/social event and went outside at some point to get some fresh air. She said thought she was alone and was surprised when White, whom she had seen before but didn’t know, grabbed her by her arms and forced her against a wall.
The girl testified White bit the left side of her neck, which scared her to the point of defecating and falling down. At that point, she said, White reached down to help her to her feet, and once she was upright, he again pinned her to the wall and “latched on” to her neck. The assault resulted in a red mark on her neck, she said.
The Herald-Standard does not identify victims who allege they were assaulted in a sexual manner.
The alleged victim’s mother testified that when her daughter came back inside the building, she noticed the mark and asked where the girl had been and what happened. The woman said her daughter was “shaken up” and that she asked her to “calm down” and “please wait” till the function ended so they could talk.
When the alleged victim told her mother what transpired, her mother immediately called the Uniontown state police barracks and initiated a report.
State police Trooper Nathaniel Lieberum interviewed White as part of the initial investigation and testified that White refused to cooperate during questioning, which triggered the mistrial.
Senior Judge Ralph C. Warman thanked the jury for their time and said before dismissing them, “It is improper for the commonwealth to bring out that the defendant refused to cooperate,” noting that the defendant has a constitutional right to remain silent during questioning.
Assistant District Attorney Meghann Mikluscak prosecuted the case. Assistant Public Defender Michael J. Garofalo represented White.
The matter will be scheduled for trial again at a later date.