Several charges dismissed by judge

MIFFLINTOWN - Rape and other related charges filed against a Dauphin County man were thrown out by a judge after a preliminary hearing on Wednesday.

The now 12-year-old female alleged victim was questioned for nearly 30 minutes by Juniata County District Attorney John Mort regarding previous statements she made to her father, and then later to law enforcement officials about David A. Kleiman, who allegedly sexually assaulted her during a period of several years.

Based on testimony from the alleged victim's father on Wednesday, he was involved in a relationship with Kleiman who lived with him for a period of almost four years.

The girl testified that she told her father that "Dave raped me;" however, as the questioning continued and when asked if she could recall details about any of the alleged assaults, her response was " I don't remember."

Even after reviewing her written statement, which she had previously provided to police, she still could not recall any details of the alleged assaults.

Before cross examination could begin by defense attorney Matthew Gover, Magisterial District Judge Barbara Lyter called a brief recess and met with the attorneys in private. When they returned to the courtroom, Lyter ruled that the prosecution did not make a case for rape and other related charges.

Lyter said the prosecution did make the case for corruption of a minor charges, based on the alleged victim's testimony regarding watching some pornographic movies with Kleiman.

Kleiman remains in the Juniata County Jail in lieu of $20,000. A formal arraignment is tentatively scheduled for Dec. 8 in the Juniata County Court of Common Pleas.