Two of the children in the Minersville attic case must testify in court, Schuylkill County Common Pleas Judge James Goodman ruled recently.

Goodman set the date as 9:30 a.m. Jan. 7 for a hearing, which challenges the decision to hold the case for court.

Goodman issued several orders after a Nov. 16 hearing. All three defendants Todd Richter II, Wendy Yost and Jennifer Yost, attended the hearing held in the Schuylkill County Courthouse.

Three children, two boys and a girl, are alleged to have been kept in an attic, given inadequate nutrition and abused.

Wendy Yost is charged with aggravated assault, strangulation, simple assault, unlawful restraint, recklessly endangering another person, harassment and endangering the welfare of children.

Jennifer Yost is charged with aggravated assault, strangulation, simple assault, unlawful restraint, recklessly endangering another person, false imprisonment, harassment and endangering the welfare of children.

Richter is charged with aggravated assault, strangulation, simple assault, unlawful restraint, recklessly endangering another person, false imprisonment, terroristic threats, endangering the welfare of children and harassment.

The allegations against the three came to light March 10 when Minersville Patrolman Richard Clink was notified by the Schuylkill County Communications Center about a juvenile in distress. Emergency personnel said previously he appeared to be a victim of abuse and had injuries.

All three defendants are out on bail.

At the preliminary hearing held in May, a video of the boys was played where they talked about the abuse they say they endured.

The judge ruled last week that the two oldest boys must testify. Their testimony will occur in another courtroom by closed circuit TV away from the public.

First Assistant District Attorney Mike Stine represented the prosecution. Attorneys Jeffrey Markosky, Thomas Clemens and Adam Weaver represented the defendants.

In his court filing Clemens, who is the attorney for Richter, wrote live testimony should have been held during the preliminary hearing. The two boys, ages 11 and 13, were capable of testifying, the motion says.

While appearing on the stand, therapist Landon Miller said additional time would help the boys process what they say took place.

“No matter when it is, there is going to be a negative effect on them,” he said, adding the boys didn’t want to talk about what happened.

Miller said the environment isn’t likely the issue, but answering questions about the abuse is.

“They have no idea what is coming,” he said.

Weaver, the attorney for Jennifer Yost, said the children have been going to therapy for years and asked why he hadn’t requested medical of psychological records.

“I don’t have a good answer,” Miller said, although he didn’t recall if he was told they had previously been attending therapy.

Goodman acknowledged the unpleasantness of children testifying.

“It’s never easy for anyone,” he said.

The defense contended the case has received heavy media scrutiny that has been unfair and requested a change of venue, which Goodman denied.

“I don’t think it’s even remotely possible to get a fair jury in this county,” Clemens said.

He wrote in the motion the case has been “the subject of lies from the media.”

Goodman said an expert report by a medical professional is due by Dec. 20.