Union County judge finds alleged victim in abuse case incompetent to testify at trial

Jun. 24—Union County's president judge ruled that the alleged victim in an abuse case against the child's former foster mother is incompetent to testify at trial.

Defense attorneys for Melissa Keister, 39, of New Columbia, successfully challenged the competency of the alleged victim who, according to a state police investigation, suffered physical and mental abuse while in Keister's care.

Three separate competency hearings for the child, now 12 years old, were held in December, January and February. On June 14, President Judge Michael Hudock ruled in Keister's favor.

"The court finds that the defendant has met her burden of proving that the victim is incompetent to testify by clear and convincing evidence," Hudock wrote in his order.

Hudock cited the testimony of two mental and behavioral health professionals, Dr. William Krieger and Julie Savage, who worked directly with the child. Their testimony at the hearings expressed that the alleged victim is incapable of accurately recalling events, has an impaired memory and can't be relied on to tell the truth, according to the order and a separate brief from defense attorneys Peter Campana and Angela Lovecchio.

Krieger said the child had been diagnosed with reactive attachment disorder, post traumatic stress disorder and unspecified depressive disorder, the court documents show.

District Attorney Pete Johnson called witnesses and cross-examined others but did not file a brief challenging the defense's claims.

"I respectfully disagree with the court. I'm disappointed in the ruling. It certainly complicates our job," Johnson said when reached for comment.

Campana did not respond to a request for comment.

Trooper Adam Depauw charged Keister in September 2019 with endangering the welfare of children, a felony, and a misdemeanor count of recklessly endangering another person. Another misdemeanor count of neglect of care was mistakenly filed and has since been dismissed.

A detailed criminal affidavit filed by Depauw in support of the charges alleges Keister starved and struck the child, withheld food as punishment and forced the child to sleep naked inside a square taped to a bedroom floor while under the watch of a surveillance camera.

Keister told at least one home-health professional that the child suffered from a mental disorder that prevented her from sleeping and caused behavioral problems like eating her mattress or being "unsafe" with her pajamas, which she wasn't allowed to have, arrest papers state.

Pediatrician Dr. Pat Bruno concluded that the child suffered physical ills and behavioral health issues as a direct result of emotional and mental abuse, arrest papers state. State troopers investigated Keister beginning in April 2018 on the receipt of a ChildLine referral.

However, in the defense brief supporting an incompetency ruling against the alleged victim, Keister's attorneys argue that the child was unable to recall many events over several interviews with child advocacy experts preceding Keister's arrest.

"It wasn't until the child was interviewed by the state police in the presence of (her) present caregiver that the specific allegations contained in the information were given to the police. This evidence should lead to a finding that suggestions were made to (her) and (her) testimony is 'tainted,'" the defense brief states.

Jury selection is scheduled for July 19 at the Union County Courthouse, Lewisburg.