Bench trial OK'd in burned boy case
As a trial approaches for a Saxonburg man accused of helping to burn a young boy, both prosecution and defense are making tactical pretrial moves.
Ed Myers’ defense attorney on Tuesday successfully requested a bench trial. This means that Butler County Judge William Shaffer alone will hear the evidence and determine a verdict. There will be no jury.
On the prosecution side, Assistant District Attorney Christine Studeny asked Shaffer to add three counts of conspiracy to the charges pending against Myers.
The conspiracy charges relate to Myers’ two sons and another unidentified person reportedly in the defendant’s Carol Drive mobile home at the time of the alleged May 25 incident.
Myers, according to court records, was supervising his own two sons, the victim, then-7-year-old Daniel Podskalny and an unidentified boy.
Myers’ sons, then ages 15 and 11, allegedly shot Daniel with Airsoft and pellet guns.
Myers allegedly poured nail polish remover on Daniel and allowed the older of his sons to ignite the T-shirt with a lit cigarette.
Myers, who allegedly video recorded the suspected torture attack on his cell phone, now faces a list of charges that include four counts of aggravated assault.
The judge did not immediately rule on the prosecution’s request for more charges. However, defense attorney Jerry Cassady during the hearing seemed to concur that the prosecution had the right to add those charges.
After the hearing Cassady declined to say why his client wanted a bench trial instead of a jury trial. A trial date has not yet been selected. Attorneys in court said the case likely will take two days to present.
Meantime, Myers, 36, remains in the Butler County Prison.
