Man waives hearing to contest domestic assault evidence
A Pennsylvania man who was allegedly caught on tape assaulting his wife in front of the couple’s children has decided to waive preliminary hearings in two separate criminal cases. The man is facing domestic violence charges after he reportedly assaulted the woman in both May and August. He has been released on bond in connection with both incidents, and he is expected to be formally arraigned in the cases after the first of the year. Authorities report the man was initially placed under arrest on 22 August in connection with domestic assault charges and other related offenses. He is accused of choking the woman and throwing her to the ground before dragging her out of the home and locking her outside. The 24-year-old man is also under fire for allegations related to an assault in May, which was recorded on the woman’s cellphone. In that recording, the man is heard to be threatening his wife with physical violence and “menacing her,” according to the criminal complaint. Two young children are also heard in the tape, pleading for the man to stop harming the woman. Even though the man will not be permitted to return to his home until the criminal proceedings have been completed, his attorneys were able to secure visitation rights with his children, so long as the visitation occurs at the children’s grandparents’ homes. In some cases, private recordings such as that provided by the woman are not admissible in court. In this instance, however, the woman may submit the recording under the Pennsylvania Wiretap Act, which was updated in 2012 to permit recordings by a victim, private detective or witness to a violent crime. Defense attorneys are preparing to contest that provision, however, if the case eventually goes to trial. Criminal defense attorneys can help criminal defendants who are accused of domestic assault learn more about their rights in court. This can include the admissibility of certain types of evidence, such as the recording that was taken in this case.