Child sexual assault case against man advances
The Butler County case against a former gymnastics coach from Sarver facing sexual assault charges will move forward following the resolution of his Allegheny County case of a similar nature.
Keith R. Callen, 48, faced two separate cases related to sexual assault of minors in both counties. In June, an Allegheny County judge sentenced Callen to state prison for a case related to a girl who police said Callen abused from 2010 to 2015 while he was coaching gymnastics in that county.
On Wednesday, Callen's case in Butler County kicked off with a hearing before Judge William Shaffer to discuss several legal procedures, including Assistant District Attorney Robert Zanella's desire to add an extra felony charge of sexual abuse of children.
The local case had previously been on hold pending the resolution of the Allegheny County case this past summer. In Butler County, Callen faces charges of aggravated indecent assault, indecent assault and two counts of endangering the welfare of children, all felonies; and two misdemeanor counts of corruption of minors. Callen was originally charged in 2016, about 15 years after the alleged offenses.
Callen's coaching career involved more than one county, and the cases against him involved two sets of victims in each county. In the Butler County case, he is accused of molesting and taking sexual photographs of two girls — one of whom was age 5 or 6 and the other age 6 or 7 at the time — between 2000 and 2001. The girls' stepfather would bring them over to Callen's house on Sarver Road, according to police, where the abuse took place.
The cases against Callen in both Allegheny and Butler counties were originally tried in Allegheny County in 2017, but the Superior Court stepped in to split the two cases. Zanella wants to add the extra felony charge of sexual abuse of children after reviewing the transcript of the 2017 jury trial.
He argued during Wednesday's hearing that at the time of that trial — before the Superior Court became involved — the two elementary school-aged girls testified Callen made them wear tutus without underwear and took pictures of their “exposed genitalia.”
But Callen's lawyer, David Chontos, countered there is no physical evidence to support the additional charge.
“They don't have the photographs — where they are, who knows?” Chontos questioned.
Zanella said the photos were destroyed or deleted by someone, but the existence of the transcript and the victims' claims are enough to support the charge.
Shaffer said he would render a decision later about the additional charge.
Chontos further argued Wednesday the charges his client faces have exceeded the statute of limitations and should be dismissed.
Additionally, Chontos said his client has languished behind bars for too long, exceeding a person's right to a speedy trial under state rules. Rule 600 requires a defendant being held on bail to be released if a trial doesn't start within 120 days from the date when a trial court order is filed that grants a new trial.
To the statute of limitations argument, Zanella said state legislation over the years passed exceptions to the rule that allows Callen to still be charged with the alleged offenses, which date back to 2000 and 2001. Callen already posted his bond in this case for $5,000, according to court documents.
As recently as November, legislation was passed to address sexual assault offenses that passed the statute of limitations, allowing older cases like Callen's to continue.
Suzanne Estrella, director of the Pennsylvania Coalition Against Rape, said the time between the alleged offense and when the victims came forward is not uncommon in these types of cases.
“This type of perpetration is done in secret and the abuser often believes the victim won't come forward,” Estrella said.
Her organization helped push for legislation that would remove limitations on sex offense cases. “(The statute of limitations) could prevent a person from ever having a voice. Children are known to be vulnerable and to prevent them from ever having a voice is not what our society aspires to,” Estrella said. “People should be held accountable. It's important for safe societies and relationships and communities that foster respect.”
In Allegheny County, Callen was sentenced to two to four years behind bars and five years probation after pleading guilty to aggravated indecent assault, sexual assault by a sports official, unlawful contact and corruption of minors. He must also register as a sex offender for life. According to Zanella, he will soon be eligible for parole in that case.
For Callen's Butler County case, a victim told police Callen and her stepfather sexually assaulted and took nude and partially nude photographs of her and her older sister in 2001 when they were 6 or 7 years old.
During a preliminary hearing in 2016, one of the victims said she remembers Callen telling them not to tell anyone what was done to them, according to previous reporting. The victim has said the abuse occurred at her mother's home in Middlesex Township and at Callen's home on Sarver Road.
She said both girls were repeatedly abused in Callen's home.
Shaffer will make a decision on all of the motions after reviewing the case.
