Miss-Delectable
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http://www.observer-reporter.com/284284581547307.bsp
What could have been a difficult and costly trial was avoided Monday when a Canton Township man agreed to serve a probationary term for assaulting a family friend.
Michael J. Fernandes, 41, of 27 Elkie Drive, was admitted to the Accelerated Rehabilitation Disposition program for 23 months on a charge of simple assault by Washington County Judge Paul Pozonsky.
Fernandes agreed to the disposition with the help of a sign-language interpreter, Marc Holmes, of the Center for Hearing and Deaf Services in Pittsburgh. He also must undergo perpetrator counseling, domestic violence counseling, and have no contact with the victim or her family.
Fernandes, along with the victim, are deaf. They both rely on sign language to communicate, and subsequently would have needed separate interpreters if the case would have gone to trial.
On Monday, however, Holmes, who has been doing such work for about 15 years, was permitted to interpret for both Fernandes and the victim so that the plea agreement could be enforced.
Fernandes had originally been charged with rape, involuntary deviate sexual intercourse and indecent assault in connection with the incident at the North Franklin Township woman's home on Dec. 30.
Assistant District Attorney Traci McDonald, however, told the judge that the victim agreed to Fernandes' participation in the ARD program to avoid going through trial. The victim reiterated her consent as the interpreter orally repeated her wishes for the court record.
At a preliminary hearing in March, the woman testified through an interpreter that Fernandes came to her home on Dec. 30 claiming he needed help in finding a Web site. She said that she and Fernandes' wife were good friends.
The woman said she was surprised to see Fernandes at her door because she was not expecting him. He followed her up to her second-floor bedroom, where the computer is located.
While she sat at the computer, she said, Fernandes started touching her. She told him to stop, she testified, but he continued. He then grabbed her again and raped her, she said.
The woman, however, said she did not tell her husband about the rape until she reported it to police Feb. 23. She also denied having a previous relationship with Fernandes or that she told Fernandes' wife that she had feelings for him.
Following Monday's hearing, Pozonsky explained that this was the first time he has had an interpreter help with a court proceeding.
"It certainly was a difficult colloquy to get through," said Pozonsky, adding that fortunately an agreement was reached to avoid a lengthy and costly jury trial. "I can only imagine what it would be like if I would have gone through with a long jury instruction."
What could have been a difficult and costly trial was avoided Monday when a Canton Township man agreed to serve a probationary term for assaulting a family friend.
Michael J. Fernandes, 41, of 27 Elkie Drive, was admitted to the Accelerated Rehabilitation Disposition program for 23 months on a charge of simple assault by Washington County Judge Paul Pozonsky.
Fernandes agreed to the disposition with the help of a sign-language interpreter, Marc Holmes, of the Center for Hearing and Deaf Services in Pittsburgh. He also must undergo perpetrator counseling, domestic violence counseling, and have no contact with the victim or her family.
Fernandes, along with the victim, are deaf. They both rely on sign language to communicate, and subsequently would have needed separate interpreters if the case would have gone to trial.
On Monday, however, Holmes, who has been doing such work for about 15 years, was permitted to interpret for both Fernandes and the victim so that the plea agreement could be enforced.
Fernandes had originally been charged with rape, involuntary deviate sexual intercourse and indecent assault in connection with the incident at the North Franklin Township woman's home on Dec. 30.
Assistant District Attorney Traci McDonald, however, told the judge that the victim agreed to Fernandes' participation in the ARD program to avoid going through trial. The victim reiterated her consent as the interpreter orally repeated her wishes for the court record.
At a preliminary hearing in March, the woman testified through an interpreter that Fernandes came to her home on Dec. 30 claiming he needed help in finding a Web site. She said that she and Fernandes' wife were good friends.
The woman said she was surprised to see Fernandes at her door because she was not expecting him. He followed her up to her second-floor bedroom, where the computer is located.
While she sat at the computer, she said, Fernandes started touching her. She told him to stop, she testified, but he continued. He then grabbed her again and raped her, she said.
The woman, however, said she did not tell her husband about the rape until she reported it to police Feb. 23. She also denied having a previous relationship with Fernandes or that she told Fernandes' wife that she had feelings for him.
Following Monday's hearing, Pozonsky explained that this was the first time he has had an interpreter help with a court proceeding.
"It certainly was a difficult colloquy to get through," said Pozonsky, adding that fortunately an agreement was reached to avoid a lengthy and costly jury trial. "I can only imagine what it would be like if I would have gone through with a long jury instruction."