Edward Myers

A Butler County judge must decide if a boy who was allegedly burned purposely by a trusted Saxonburg man is capable of testifying during a trial.

Daniel Podskalny was 7 years old on May 25 when he alleged that his mother’s boyfriend, 36-year-old Edward Myers, poured nail polish remover on him and allowed his own son to ignite it.

Myers faces numerous charges, including four counts of aggravated assault.

But Myers’ defense attorney Jerry Cassady is asserting that Daniel’s young age, coupled with the number of people who interviewed him, renders the boy incompetent to testify.

Cassady on Tuesday subpoenaed to Butler County Judge William Shaffer a handful of people who spoke to Daniel just after the boy was injured.

“Everyone is looking for a smoking gun that (we are alleging) someone manipulated what the kid had to say,” Cassady said. “But the child’s age coupled with the sheer number of interviews ... and there were multiple, multiple people who interviewed him ... goes a long way to make our point.”

Laure Halliwell of Butler, Daniel’s mother, was the first of the witnesses to see the boy after he was injured.

She said that when she returned to Myers’ mobile home, her son was dressed in underwear and was in pain. Halliwell said she drove Daniel to Butler Memorial Hospital, where he was taken by ambulance to UPMC Mercy in Pittsburgh.

Halliwell testified that her first account of how the boy was injured came from one of Myers’ sons, who also is implicated in hurting Daniel. Halliwell testified that she was told by Myers’ son that he accidentally ignited the boy’s shirt with a cigarette.

But she claims when she told that information to emergency medical personnel at BMH, her son overheard and corrected her: “They did this on purpose,” she said.

The boy later told officials that Myers and his two sons, then ages 15 and 11, shot him with Airsoft and pellet guns. Myers allegedly poured nail polish remover on Daniel. Daniel said his shirt was then ignited, apparently by Myers’ older son with a lit cigarette, authorities said.

Investigators have said Myers video recorded the suspected torture attack on his cell phone.

Daniel suffered third-degree burns on his face and chest, covering about 10 percent of his body, documents said.

It’s unclear if the boy or his mother gave the initial account to doctors who treated him at the burn unit of UPMC, Mercy. But among those who acknowledged talking to the boy in the hours afterward were both his parents, representatives from children’s protective services in both Allegheny and Butler counties, and a police officer from Saxonburg. One of the interviews was audio taped.

Judge Shaffer was offered a copy of the audiotaped statement as well as reports of what the boy told authorities. Only a few of the witnesses, including Halliwell, were asked to relay those allegations in the courtroom.

Halliwell told the judge that in the six months since the incident she’s probably talked to her son 20 times about what happened. But, she said the boy generally doesn’t recount the events.

Rather, she said he questions, “Why they did what they did ... All he really wanted was for us to be a family, and for them to like him.”

Judge Shaffer did not rule on the issue. He still could ask to hear testimony from the child before deciding. If that happens, court officials said it likely would occur in a closed hearing.

Prosecutors in the county district attorney’s office who oppose the request to keep the boy from testifying did not return telephone calls seeking elaboration on their position.

Myers is awaiting trial in jail, unable to post $250,000 bail. His next hearing has not yet been scheduled.