New trial motion denied in sexual assault case
A postsentence motion seeking a new trail or dismissal of charges for a Harmony man convicted of sexually assaulting a girl multiple times 25 years ago, when she was ages 7 through 12, was denied Friday, Oct. 10.
Butler County Common Pleas Court Judge Joseph Kubit issued the order denying the motion of Shaun Sheffer, 47. Attorney Al Lindsay argued for the motion at a Sept. 26 hearing.
“Obviously we’re disappointed. We believe we have a strong case for a new trial,” Lindsay said Friday.
Kubit’s order provides 30 days to appeal Sheffer’s sentence to Pennsylvania Superior Court.
Sheffer was sentenced June 30 to serve 14 to 34 years in prison after a jury found him guilty in January of felony charges of rape by forcible compulsion, rape of a mentally disabled person and rape of a person less than 13 years old; and misdemeanor charges of indecent assault of a person less than 13, indecent assault without consent, indecent assault of a person with a mental disability and corruption of minors.
At the postsentence motion hearing, Lindsay argued the prosecution by the Pennsylvania Attorney General’s Office was based on Sheffer’s membership in Jehovah Witnesses.
“This courtroom reeked of religious persecution,” Lindsay said at the hearing. He represented Sheffer at his sentencing, but not his trial.
He argued the attorney general’s office secured a grand jury indictment against Sheffer in 2023 as a part of a series of sexual assault indictments against Jehovah Witnesses members across the state. He argued it was prejudicial for prosecutor to tell the jury about those indictments.
He cited a court rule in the Pennsylvania Code saying a witness’s religion cannot be used to attack their credibility.
Alicia Werner, the deputy attorney general who prosecuted the case, countered Lindsay’s arguments, saying the victim’s testimony was enough to convict Sheffer.
She said she challenged the credibility of defense witnesses who testified they cut off communication with the child many years ago after she left the religion. Werner said those witnesses also described the child as a liar and manipulative.
She said jurors were asked during the selection process if religion would affect their decision making.