An Isabella Street man was acquitted Friday, after the young girl he was accused of sexually assaulting was too distraught to testify.
Michael A. Mann, 30, of 1021 Isabella St. was found not guilty of the alleged offenses following a three-day jury trial before Lycoming County Judge Kenneth D. Brown that ended Friday afternoon.
“The child was unable to testify,” Assistant District Attorney Mary C. Kilgus said. “She broke down on the stand.”
Kilgus had hoped the “Tender Years Act” would apply. This Pennsylvania law allows children who are victims of sexual assault to testify in a judge’s chambers, out of sight of a jury and defendant.
However, in order to have such testimony, the burden is on the prosecution to present evidence the youngster would be traumatized if she took the stand. And, based on the girl’s previous testimony in a preliminary hearing, no such evidence existed.
City police allege the touching began when the now 7-year-old girl started kindergarten and continued until June of last year.
Mann faced charges of involuntary deviate sexual intercourse with a child, aggravated indecent assault, indecent assault, corruption of minors, unlawful contact or communication with a minor.
Mann, who was defended by Chief Public Defender William J. Miele, testified in the trial and denied molesting the girl.
