Carbon County Judge Joseph J. Matika conducted a hearing on Tuesday morning on motions and petitions filed by the commonwealth and defense counsel in the case of a former police chief charged with rape.

Matika heard legal argument on five pending motions/petitions filed in the case of Brent Robert Getz, 28, of Lehighton, former police chief in Weissport. Before working in Weissport, Getz worked for Palmerton, Franklin Township, West Penn Township and Tamaqua police departments.

Getz and Gregory Wagner Jr., 29, also of Lehighton, are charged with rape of a child; conspiracy, rape forcible compulsion; involuntary deviate sexual intercourse with a child; conspiracy, IDSI forcible compulsion; aggravated indecent assault of a child; conspiracy, aggravated indecent assault without consent; and indecent assault person less than 13 years of age.

Matika conducted the hearing using Zoom technology with Deputy Attorney General Rebecca Anne Elo, who is prosecuting the case, participating from her home, and defense counsel Brian Collins, present in the courtroom with Matika.

Video

Among the items argued by the two attorneys were motions made by both sides to keep expert witnesses from testifying and Collins’ request to obtain a copy of a video of an interview conducted by the Children’s Advocacy Center, in Scranton, of the alleged victim.

Collins has seen the video but was denied a copy by Elo.

Collins argued Tuesday that he needs the video to study it along with his client and his expert witness. Elo expressed concerns about releasing a copy of the video because it is of a juvenile and voiced further concerns about who would actually view it.

Collins assured the court only he, his client and expert would view it.

Expert witnesses

Both argued why they objected to each others expert witnesses testifying at the trial.

One of the issues concerning disclosure of certain commonwealth evidence was settled before the hearing and was declared “moot” by the court.

Collins also challenged a statement contained in the investigative report that the victim told her mother and a counselor at a victim’s center in Jim Thorpe that Getz also sexually assaulted her, but “she was told she should stick with just one perpetrator and not two” because if it was two, people wouldn’t believe her. She said the counselor told her that.

Elo admitted the counselor should not have done that and it was wrong. The counselor in question was called to testify, but after a conference with Matika by both counsels, the counselor was told her testimony was not needed.

What’s next

Matika took under advisement the motions/petitions, which totaled five at the offset but was reduced to four, and gave each side 30 days to file legal briefs to support their positions. He said after he reviewed the material he would issue a ruling.

The trial of the two men is scheduled for Sept. 28 with the call of the list set for Sept. 22.

At the moment both men are to be tried together.

Wagner is scheduled for a pretrial conference on Sept. 1 at 3:15 p.m.

Collins previously filed motions for a change of venue, to move the trial out of Carbon or have a panel selected in another county to hear the case in Carbon; and also to separate the trials of the two men.

Both those motions were denied by Matika.

Case history

According to the affidavit filed by the Pennsylvania Office of the Attorney General, Bureau of Criminal Investigation, Norristown, the investigation began in May 2012 after ChildLine, Children and Youth Services, received a complaint that an 11-year-old child reported that when she was left alone with Wagner, he touched her inappropriately, and the child was afraid.

She reported years later that she had been repeatedly raped by Wagner and Getz several times a week, starting when she was 4. At the time of the rapes, Getz and Wagner would both have been teenagers.

Children and Youth Services notified Franklin Township police, who made arrangements for the child to be interviewed by the Children’s Advocacy Center in Scranton.

On May 16, 2012, the victim was interviewed on video by a forensic interviewer, at which time she said that Wagner, on multiple occasions, touched her inappropriately.

She also said that he offered her $5 to have sex with him, which she declined, and that he has also shown her pornography on his laptop.

In 2015, the case was reassigned and charges against Wagner were submitted to the District Court, but they were unable to be filed due to the charges being invalid. Valid charges were never resubmitted.

In August 2018, a Franklin Township police officer revisited the case and interviewed the victim.

Investigation

The investigation into Wagner began in May 2012 when the victim, who was 12 at the time, reported to a substitute teacher that she had been sexually assaulted by Wagner.

Agent Sean McGlinn, of the attorney general’s office, then became involved in the investigation and testified at the preliminary hearing. He said the accuser said she was raped “several times each month” by Getz and Wagner from the time she was 4 years old until just before she turned 12.

McGlinn said he spoke to Getz after his arrest and “stated to me that he could not confess to something he didn’t do.”

When a second agent also spoke to Getz, Mc­Glinn said he said, “Oh my God, I’m going to jail.”

McGlinn said the complainant identified Getz by name. “She told me he worked as a police officer,” he said.

Initially, McGlinn said the victim only named Wagner. The investigation went quiet until August 2012, when another Franklin Township police officer took over the case and interviewed the victim.

The case was transferred to the Attorney General’s Office by the Carbon County District Attorney’s Office because of Getz’s employment with various police departments in Carbon County.

McGlinn said this time the victim gave a written statement that Getz was also with Wagner and that together, they both took part in raping her in his home.

He said that the victim’s statement ended with “Brent Getz told me not to tell anyone.”

McGlinn said the victim explained why she never named Getz as a suspect when she initially came forward in 2012.

McGlinn said the victim told her mother and a counselor at a victim’s center in Jim Thorpe that Getz also sexually assaulted her, but “she was told she should stick with just one perpetrator and not two” because if it was two, people wouldn’t believe her.”