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Former Wayne Co. Prison Guards to Face Trial Afterall

Former Wayne Co. Prison Guards to Face Trial Afterall - Tuesday, June 1, 2010 at 04:24AM EST

Reported by: Eric Deabill
Tuesday June 01 2010
HONESDALE, WAYNE COUNTY - Two Wayne County prison guards accused of abusing an inmate will go to trial on official oppression charges. Prosecutors say they abused an inmate earlier this year at the jail in Texas Township.

Tuesday's hearing was actually the second one the guards have had. In late April "official oppression" charges were thrown out by a judge who said there wasn't enough evidence.

The D. A.s office wasn't happy. They re-filed the charges. And Tuesday after three hours of testimony and arguments the judge changed his mind, saying the case should go to a jury.

Walking into the Wayne County Courthouse, both Raymond Price and Michael Aspinall thought they were off the hook, not facing official oppression charges. They left with different thoughts, after a judge said its back on the table.

Prices attorney Paul Walker said, The commonwealth is never happy when a ruling is against them and they berate, belittle and cajole a guy into ruling their way."

Prosecutors say Price and Aspinall mistreated inmate David Adsit at the Wayne County prison in January. What this case will come down to is what is abuse in a prison? Assistant District Attorney Patrick Robinson said, Common sense would tell you, if youre punching him in the side and hitting him with an antenna, that you're mistreating them."

Family members of David Adsit were in court Tuesday. They're glad official oppression charges are back in. His cousin Chelsey Lovett said, Yeah, I'm pleased overall... Just so that a jury can be there to see how the officers are acting."

Defense lawyers argued the original ruling by the same magistrate should have stood. They said having a second hearing with basically the same evidence was like watching a bad movie twice. Aspinalls attorney Richard Henry said, It just flies in the face of what the law is, not withstanding the burden on the commonwealth is minimal at this juncture, but the commonwealth didn't prove a crime was committed."

I think its just a matter that a jury needs to decide in fairness to everybody," countered A. D.A. Robinson.

Besides "official oppression" charges, both guards will also face charges of harassment. Charges of simple assault, which were thrown out by the magistrate the first time, were never re-filed.
 


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