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Child assault charges dropped against teen

Published October 01. 2011 09:01AM

Charges against a Carbon County teen alleging sexual contact with a young girl have been dropped.

Lloyd David Moyer III, 18, of Parryville, was found not guilty of charges of involuntary deviate sexual intercourse with a child, a felony one; two counts of corruption of minors, indecent exposure, and endangering the welfare of a child, and one count of indecent assault, all misdemeanor ones, after a preliminary hearing Friday before District Judge Bruce Appleton of Palmerton.

State police at Lehighton said Moyer was accused of sexually assaulting a 6-year-old girl in Parryville while a 4-year-old girl was present. The assaults were alleged to have occurred during November, 2010.

The alleged victim, now 6, was called to the stand to testify. After she was asked several questions by both the prosecution and the defense, Appleton found she was not competent to testify.

The prosecution then called the alleged victim's sister, now 5, to the stand. After she was asked several questions by both parties, she, too was found by Appleton not competent to testify.

In both instances, Appleton said it was not a question of their ability to tell the truth, but, rather, their ability to articulate the facts.

A third and final witness, Keith Rodgers, a self-employed carpenter from Bartonsville, was called to the stand by the prosecution.

Rodgers said he was at the home of the alleged victim in Coaldale this past June to do home renovations. It was at that time, when Rodgers said the alleged victim's sister made a statement about the alleged incident.

However, since the actual event was alleged to have occurred 14 months ago, Appleton ruled that Rodgers' testimony was probably hearsay.

Afterward, Appleton ruled that all charges against Moyer be dismissed, and that he be discharged from further custody.

After the hearing, defense attorney Brian Collins, who represented Moyer, said the alleged incident "may have been a mistake, but it did not happen."

"The problem with the witnesses today is they were unable to articulate the facts of this case," Collins said. "It was absolutely impossible for this to have occurred."

According to the affidavit of probable cause filed by Trooper H. Christopher Bonin of the Pennsylvania State Police:

Bonin became involved in the investigation that occurred when the victims were five and four years old, the affidavit says.

Both victims alleged that Moyer engaged in the alleged sexual contact with the then five-year-old while he was baby-sitting them, according to the affidavit. The four-year-old witnessed Moyer engage in the act.

On July 1, Moyer was interviewed by Bonin, at which time he admitted engaging in the alleged sexual contact with the then five-year-old while in the presence of the four-year-old.

Later that month, Moyer was arraigned before Appleton, who set bail at $30,000, 10 percent. Moyer posted the bail and was free, pending the preliminary hearing.

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