Thomas attorney argues case for acquittal in precursor to appeal

David Hurst, The Tribune-Democrat, Johnstown, Pa.
·2 min read

Nov. 16—SOMERSET, Pa. — Suspended Somerset County District Attorney Jeffrey Thomas' attorney sought a new trial Wednesday, saying prosecutors failed to provide evidence of his guilt in court and that jurors came to an "inconsistent" verdict.

Pittsburgh attorney Patrick Nightingale's post-sentence motions seeking Thomas' acquittal and a reduced sentence served as a precursor to a Superior Court appeal.

Cambria County Senior Judge Timothy Creany, who was court-appointed to preside over the case, spent nearly an hour listening to arguments.

Thomas was convicted of strangulation, indecent assault, criminal trespass, unlawful restraint, false imprisonment and simple assault for entering a Windber acquaintance's home without her permission and assaulting her, despite her testimony that she'd told him to stay away.

He was given 27 to 84 months in prison.

Nightingale, echoing Thomas' trial attorneys during trial over the summer, raised questions about conflicting statements and "credibility issues" by the woman, and a lack of evidence to prove Thomas guilty beyond a reasonable doubt.

Thomas attorneys have suggested during trial that the woman was closer with Thomas than she testified.

Nightingale also pointed to the jury's verdict, which acquitted Thomas on multiple sexual assault felonies, as "inconsistent."

State Attorney General's Office Chief Deputy Patrick Schulte and Senior Deputy Tomm Mutschler disagreed, saying the was plenty of evidence — in some cases Thomas' own admissions in recordings — to support their case.

After Nightingale separately argued for a 12-month sentence instead for Thomas, Schulte noted the sentence was within the standard range for the crimes — and that a judge doesn't have to weigh whether or not someone is deemed a sexually violent predator or explain his verdict for those convictions in that range.

Creany did not issue a decision Wednesday — but even Nightingale acknowledged he expects it's unlikely a judge who denied the same objections in court would be likely to change his mind now.

But he noted Creany's final opinion is needed to enable the arguments to be appealed to the Superior Court.

Nightingale noted that a list of other previously raised, unsuccessful objections, including that the court erred by permitting certain evidence and the argument Thomas was "set up" by his foes.

Thomas is serving time at the State Correctional Institution at Camp Hill, Cumberland County.