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Mistrial declared for Saltlick Township couple accused of child abuse

By Susy Kelly skelly@heraldstandard.Com 2 min read

Before opening statements were delivered, the trial of a Saltlick Township couple accused of assaulting their 7-week-old twins ended with a mistrial in Fayette County Court on Tuesday.

Earl Jay Ritenour, 24, and Kristin Nicole Eicher, 22, were each charged in September 2011 with aggravated assault, simple assault and endangering the welfare of children in the alleged assaults on their twins.

Assistant Public Defender Susan Ritz-Harper asked for the mistrial after reviewing notes from a Fayette County Children and Youth Services (CYS) worker that were given to her by Assistant District Attorney Mark Mehalov on Monday.

Mehalov said he intended to call the CYS worker to testify for the prosecution, and the notes included statements from family members, including a statement that may have incriminated one of the defendants.

Ritz-Harper indicated a conflict was created regarding how she would be able to cross-examine that witness and defend one of her clients without incriminating the other.

Senior Judge Gerald R. Solomon granted the mistrial.

According to police reports, the victims, a boy and a girl who were born seven weeks premature and were hospitalized for four weeks following their births, each suffered multiple broken bones during the few weeks they were in their parents’ care following their hospitalization.

Police said that the boy suffered a broken left elbow and fractures to seven ribs, and the girl suffered a broken rib and left leg.

In June, the couple requested admission to the Accelerated Rehabilitative Disposition (ARD) program, but Senior Judge Ralph C. Warman denied their request, noting the injuries suffered by the babies. ARD is typically for first time non-violent offenders.

The couple attempted to plead guilty in May 2013 to simple assault and child endangerment in exchange for 3- to 12-month jail sentences, and the prosecution dropping the aggravated assault charges.

President Judge John F. Wagner Jr. rejected the pleas, saying the proposed punishment would not have fit the crime.

District Attorney Jack R. Heneks Jr. has said that there were evidentiary problems with the case, but he said Tuesday that the prosecution was prepared to try the case, noting that the defense requested the mistrial.

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