National Roundup

Pennsylvania
High court OKs ‘comfort dogs’ for witnesses
Canines in the courtroom? The Pennsylvania Supreme Court says yes — under certain conditions.

A trial witness may be accompanied by a “comfort dog” if the animal will help yield reliable, complete and truthful testimony, the justices ruled Wednesday in a precedent-setting opinion that established a “balancing test” for Pennsylvania judges confronted with such a request.

Ruling unanimously in a murder case, the Supreme Court pointed to other states that allow witnesses to testify with the help of emotional support dogs. The justices said it’s permissible, as long as steps are taken to minimize any potential harm to a defendant.

“Trial courts have the discretion to permit a witness to testify with the assistance of a comfort dog,” Chief Justice Max Baer wrote for the court. “In exercising that discretion, courts should balance the degree to which the accommodation will assist the witness in testifying in a truthful manner against any possible prejudice to the defendant’s right to a fair trial.”

The defendant, Sheron Purnell, was convicted of third-degree murder in the 2016 shooting death of a man in Coatesville and was given a prison sentence of up to 47 years.

Purnell’s lawyers argued that a Chester County judge abused his discretion by allowing a comfort dog to accompany a teenage witness who testified against Purnell at trial. The defense argued the dog, part of the sheriff’s K-9 unit, would “generate sympathy” among jurors for the girl.

Prosecutors argued the dog was trained to accompany witnesses in court and would help allay the girl’s fear of testifying.

The judge allowed it but said the dog, a black Lab named Melody, had to remain under the witness stand throughout the teenager’s testimony. He also instructed jurors to ignore the dog for purposes of assessing the witness’s credibility and said they should not view her more sympathetically.

The Supreme Court said the judge had acted reasonably.

“We note that there is nothing in the record to suggest that the comfort dog was in any way disruptive to the trial,” the court said.

The justices adopted rules established by Connecticut’s high court and said they would apply to Pennsylvania state court cases. Judges can limit any potential prejudice to a defendant by blocking jurors’ view of the dog and giving appropriate jury instructions, the court said.

Justice Christine Donohue endorsed the majority’s adoption of a balancing test but said that in the Purnell case, prosecutors “presented no evidence to demonstrate that the presence of the sheriff’s dog would enable the witness to testify more reliably and completely.”

She said Purnell’s lawyers had failed to argue the point at trial, preventing them from raising it on appeal.


Pennsylvania
Prosecutor charged with violently raping woman at home
HARRISBURG, Pa. (AP) — An elected county prosecutor in Pennsylvania was charged Wednesday with violently raping a woman he knew through work, leaving her home only after she told him she would not call police, authorities said.

Somerset County District Attorney Jeffrey Lynn Thomas, 36, was accused of attacking the woman in her Windber home Saturday. He was charged with rape, indecent and simple assault, strangulation and criminal trespassing.

The Republican’s lawyer, Ryan Tutera, said that he was not guilty and that Thomas’ wife was working to get him bailed out of the Cambria County jail.

The criminal complaint’s police affidavit said the woman told investigators that Thomas had repeatedly contacted her for several years to seek a sexual relationship and would “routinely” drive around her house.

At about 11 p.m. Saturday, he sent her an Snapchat message saying he would be at her home in minutes, to which she responded he was not welcome and to stay away. Shortly afterward, he walked uninvited into her home with several beer cans and handed her one, police said.

She repeatedly told him to leave and slapped him, police said. He then struck her face, causing her nose to bleed, then pulled down her top and undressed himself, according to the affidavit.

“During the assault, Thomas grabbed her by the neck making it hard to breath(e),” investigators alleged.

When she demanded he leave, he grabbed her by the hair and asked if she planned to contact police. He left when she said she would not, police said.

Tutera said he has not spoken with Thomas and declined to say whether Thomas plans to resign. A preliminary hearing was scheduled for next week.

Attorney General Josh Shapiro, whose office was designated by a county judge to prosecute the case, called the charges “deeply disturbing.”

Thomas “is entrusted by the public to uphold the law and serve as a voice for victims,” Shapiro said in a statement. “I commend the bravery of the victim that has come forward — that is never an easy thing to do, especially when your abuser is a powerful elected official.”

Indiana
School sued over treatment of LGBT student group
PENDLETON, Ind. (AP) — An Indiana school district was sued Wednesday by the American Civil Liberties Union after a group that supports LGBT students said it has been barred from promoting its meetings.

The free speech rights of the Gay-Straight Alliance at Pendleton Heights High School are being violated along with other laws, the lawsuit alleged.

“The differential treatment aimed at Pendleton Heights Gay-Straight Alliance by administrators is unwarranted and these students must be treated in the same manner that all other student groups are treated,” said Kit Malone, advocacy strategist at ACLU of Indiana.

A message seeking comment was left with the superintendent of the South Madison Community School Corp.

The principal at Pendleton Heights High has barred the group from advertising on school bulletin boards or anywhere else on school property, according to the lawsuit.

The group is “severely hindered in its beneficial function to be a place of shelter, support and education, not just for gay, lesbian, transgender and non-binary students, but for all Pendleton Heights High School students,” the lawsuit states.