The Herald, Sharon, Pa.

Local News

July 28, 2012

Man wants to withdraw guilty plea

By Joe Pinchot Herald Staff Writer

MERCER — A Mercer man charged with fondling two girls, ages 8 and 14, said Friday he wants to withdraw his pleas.

A judge said he will set a hearing in August to give the Mercer County District Attorney’s Office time to review the case before deciding whether to accept or reject the withdrawal.

Brandon Spaulding, 22, of 140è S. Diamond St., had pleaded guilty in March to a charge of aggravated indecent assault and, in a separate case, no contest to a charge of indecent assault.

Defense attorney Stephen Delpero said prosecutors were aware that a plea withdrawal might be filed, even as they were negotiating the plea. A psychological evaluation and Spaulding’s criminal history factored into the decision, Delpero said.

Officials did not discuss the contents of the evaluation or criminal history.

Spaulding appeared Friday for sentencing and Assistant Mercer County District Attorney Brian Farrone said he did not want to take a position on the withdrawal because the case had been assigned to another attorney.

“I’m not at all familiar with the case,” he said.

Officials said Spaulding has a right to withdraw his plea unless prosecutors can show the withdrawal would in some way hurt their case.

If the withdrawal is accepted, Mercer County Common Pleas Judge Christopher J. St. John will reinstate charges of six counts of aggravated indecent assault and four counts of indecent assault in one case and two counts of indecent assault in the other.

St. John noted that, if Spaulding is convicted at trial, he could face harsher penalties than if he had stuck with his plea.

The incidents for which Spaulding was charged occurred Aug. 1, 2010, while he was baby-sitting the girls at an apartment on South Otter Street, detectives said.

Spaulding is free on bond.

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