After being taught about law, man can stand trial for rape
A Butler man accused of rape has been cleared for trial after receiving a crash course on the law.
Brandon F. Moore, 25, is being held in Butler County Prison in lieu of $10,000 bond for allegedly raping a 15-year-old girl a number of times in 2018.
But before Moore was able to proceed through the legal system, an expert determined that he needed to be educated about the legal system.
The determination was made by Curtis Mayernik, a Pittsburgh-based psychiatrist specializing in competency evaluations who testified in August that Moore was unable to stand trial because he didn't understand criminal legal proceedings.
Moore is charged with rape, statutory sexual assault, corruption of minors and misdemeanor charges of terroristic threats, indecent assault and simple assault.
Mayernik concluded that with some education on the judicial system, Moore would be ready to stand trial for the charges. After the hearing, Common Pleas Judge William Shaffer permitted Leland Clark, a Butler-based attorney, to acquaint Moore with the law.
Public defender Maura Palumbi, who represents Moore, said she was unable to oversee the tutelage because it would have been a conflict of interest.
During the August hearing, Mayernik explained Moore's situation. He said Moore has a history of paranoia and homelessness. Mayernik determined that Moore has two mental issues — he's slightly intellectually disabled and he suffers from a “nonspecific” psychotic disorder that Mayernik determined wouldn't get in the way of his understanding the case.Clark served as a public defender for three years and now works primarily on family court matters. He said he couldn't talk about Moore's training specifically without the defendant's consent, but he offered general examples of what a defendant would learn.An incompetent defendant would need an understanding of the fundamental rights offered, so they understand key things that occur in court, Clark said. Core concepts would need to be reviewed, such as the role of the prosecutor versus the defense attorney.“Working on understanding the hearing process and how to act in the courtroom is essential,” Clark said. “Also, how to strategize in the case. What kind of evidence your attorney should be looking for.”The evidence gathering process would also be important, so the defendant can help their attorney dig up information and material to help strengthen their case. “And if they don't understand these things, they can't properly litigate the case,” Clark said. “The last thing you want to do is have someone low-functioning going through a case and get sent to prison, but it turns out they were innocent.”After several weeks of jail visits lasting 30 to 60 minutes each under Clark's guidance, the court determined Moore to have a better understanding of the legal situation in which he finds himself, allowing his case to proceed.“Judge Shaffer and (Palumbi) were making sure things were done right,” Clark said. “They put so much thought into it.”
According to police, the investigation into Moore's alleged crimes began after state police notified Butler police about the girl's allegations, which surfaced Dec. 4, 2018, while troopers were looking into an unrelated case.The girl was subsequently interviewed Dec. 27, 2018, by an official with the Butler County Child Advocacy Center, according to earlier testimony.The victim allegedly told the interviewer that Moore was “the one who raped me.”She alleged that he first sexually assaulted her in summer 2018 in the woods at Butler Memorial Park.The teen allegedly told authorities that Moore, later that summer, assaulted her a number of other times. She said she told him “no,” but he allegedly forced himself on her.She accused Moore of slapping her face when she told him “no.”Moore also allegedly threatened to kill the girl if she told anyone he had sex with her. Authorities estimated the girl was raped five to 10 times. Moore's next court proceeding is scheduled for Jan. 15.
