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Palmerton man has hearing continued on assault charges

Published September 26. 2013 05:00PM

A Palmerton man accused of the indecent assault of a woman has had his case postponed.

Franklin Zerby, 61, was scheduled to have a preliminary hearing Wednesday before District Judge William Kissner of Palmerton.

But, instead, Zerby will have his hearing continued until 11:15 a.m. Oct. 9.

Zerby faces charges of two counts of indecent assault, ane one count each of simple assault- attempt, aggravated assault, and resisting arrest.

He remains incarcerated in Carbon County Prison in lieu of $50,000 straight bail.

According to an affidavit of probable cause filed by Palmerton patrolman Shawn Leadbetter:

On Sept. 12, Leadbetter was dispatched by the Carbon County Communications Center to an apartment along Delaware Avenue to take a report of a female who was assaulted, according to the affidavit.

Upon arrival, Leadbetter spoke with the victim, who stated to him that at about 3:30 p.m., she was taken into a man's apartment, where she was assaulted by that man, the affidavit says.

The victim stated the perpetrator lives in the same apartment complex.

The victim explained in further detail that this male was trying to make sexual advances toward her.

Leadbetter was then walking the victim down the hallway and outside to bring her down to the borough police station for a formal interview, at which time the victim stated to him that the male who assaulted her was walking from the rear parking lot of the apartment complex and into the hallway.

Leadbetter observed the male, and attempted to speak with him, at which time the male attempted to shoulder him into a wall, subsequently having a struggle ensue on the ground into the rear parking lot.

The affidavit says Leadbetter was able to get one handcuff on the left wrist of the male, then the male swung his right arm up in an attempt to strike him in the face. Leadbetter was able to get control of the male, at which time he was arrested.

Once back at the station, the male who was identified as Zerby, was read his Miranda warnings at 5:25 p.m. by Palmerton patrolman Robert Cohowicz.

Leadbetter transported the victim from the station to Palmerton Hospital for an evaluation.

In a voluntary written statement from a witness, the witness stated that she was sitting on the steps that lead into the hallway from the rear parking lot of the apartment complex, at which time she observed Zerby grab the victim by the arm and pull her into his apartment.

The witness contacted the police once the victim was able to exit the apartment.

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