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Rulings are mixed at hearing for rape case

December 20, 2012
By Kiernan M. Schalk - Sentinel reporter (kschalk@lewistownsentinel.com) , Lewistown Sentinel

MIFFLINTOWN - Mixed rulings were made at a hearing Wednesday to address several outstanding issues in a Juniata County rape case.

Brady V. Burdge, 40, is alleged to have repeatedly raped a now 18-year-old woman over the course of the past 10 years.

During Wednesday's hearing several issues were addressed, starting with Juniata County District Attorney Cory Snook's motion to revoke bail on the grounds Burdge allegedly violated his bail conditions by having contact with minors.

Two children, one a shy 5-year-old girl and the other a animated 4-year-old boy were called to testify regarding the alleged violation of bail conditions by Burdge. The 5-year-old girl froze on the stand and barely responded to any questions from Judge Kenneth A. Mummah. She was thus withdrawn as a witness by the prosecution. The 4-year-old boy was ruled not competent.

Defense counsel Nevin Zimmerman had his own motion regarding bail conditions as well, which was subsequently granted after his client testified he could not gain employment anywhere due to the clause that states he could not have contact with any minors.

Mummah modified Burdge's bail conditions only under the auspices of "incidental contact" with minors, so the defendant could try to obtain employment somewhere.

Burdge testified he had worked for a heating oil company as a truck driver, but his boss laid him off after hearing of his previous bail conditions about contact with minors.

In a somewhat strange twist in the case, the alleged victim was also called to testify at the hearing regarding a letter she wrote to Snook and several other attorneys involved in the case.

The alleged victim read the entire letter aloud in court, stating she did not wish to testify against Burdge anymore and wanted the prosecution of him to cease. However she never denied the alleged sexual abuse took place. She also cited harassment and intimidation from people as reasons for not wanting to continue with the case.

Mummah also ruled on several other outstanding motions including issues pertaining to medical and the alleged victim's school records. Zimmerman and Snook are to work together in obtaining any relevant records pertaining to the alleged sexual abuse.

Burdge remains free on $25,000 bail. Another pre-trial hearing is expected to take place sometime in the near future. No trial date has been set.

 
 

 

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