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Judge to decide if burned child is fit to testify

Boy allegedly was set on fire

A Butler County judge on Monday met with a boy who was allegedly burned purposely by a trusted Saxonburg man.

Butler County Judge William Shaffer is being asked to decide if the boy, Daniel Podskalny, is capable of testifying during a trial.

Daniel 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.

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.

The judge in January heard from a number of witnesses, including the boy’s mother, Laure Halliwell of Butler, to testify on this topic. The judge later decided he also needed to hear from the boy.

The meeting between the boy and judge was held in the judge’s chamber, outside the hearing of spectators or the defendant.

The judge did not immediately issue his decision. However both Cassady and Assistant District Attorney Christine Studeny in court described the boy as doing “well” during the interview.

Cassady pointed out that the interview included only questions that would help the judge determine competency, such as what day it was. The interview did not include questions about the allegations, Cassady said.

Myers is awaiting trial in jail, unable to post $250,000 bail. His next hearing is April 9.

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