Man held on 10 counts of sexual assault

By JIM RUNKLE — jrunkle@lockhaven.com
LOCK HAVEN — A Lock Haven area man was bound over for court on 10 criminal counts relating to the sexual assault of an 11-year-old girl at a get-together in the mountains last June.

Matthew McCullough 27, of 18359 Coudersport Pike, Gallagher Township, is charged with two counts of involuntary deviate sexual intercourse, four counts of aggravated indecent assault, three counts of indecent assault and one count of statutory sexual assault, all relating to one episode in a wooded area of Clinton County, state police at Lamar said.

McCullough was represented by local attorney Philip Masorti. Assistant District Attorney Lori Rexroth represented the Commonwealth. The preliminary hearing was held Tuesday before District Judge John Maggs.

The middle-schooler, now 12, testified that she and McCullough were attending the same get-together in the mountains at her grandparents’ residence, when McCullough offered her a “four-wheeler” ride into the woods.

She accepted, she said, and McCullough drove her to a clearing where he had installed his hunting stand, a chair-like device about 15 feet up a tree.

The girl told court officials she climbed the ladder with McCullough following ... “so I wouldn’t fall” ... and sat in the rig with McCullough hanging onto the rungs nearby.

The topic of discussion turned to blemishes, she said, and she showed the defendant one she had on her thigh.

Shortly thereafter, she said, McCullough pulled her capri pants and underwear aside and used two different methods to indecently touch her private areas.

The pre-teen said nobody else was around at the time and she was unable to remove herself from the stand because McCullough stood in the way.

Under cross examination by Masorti, the girl said it wasn’t unusual to go four-wheeling with the man, and said nothing unusual occurred before or after this specific episode.

She also said because of her position she couldn’t see what was being done, but felt the activity and was sure penetration occurred.

In closing arguments Masorti and Rexroth strongly disagreed whether the testimony about penetration was sufficient to reach the threshold of the more serious felony charges. Masorti also argued that the testimony was inconsistent and had changed from when the girl told her sister, then her mother, then state police.

He also argued, to no avail, that the state police who investigated the crimes erred in typing up the criminal complaint by failing to list specific behaviors in connection with the criminal counts, with a “To Wit,” preceding each explanation.

Judge Maggs said the criminal complaint and affidavit were sufficient to back one another in terms of description of criminal behavior.

Masorti also raised the question of whether the crime actually occurred in Clinton County, because of the remote nature of the crime scene, but was told by District Attorney Mike Salisbury that Children and Youth Services representatives carried a GPS device when they visited the tree stand during their investigation.