The appeal of a Duke Center man serving five years in prison on charges relating to the sexual assault of an underage female was denied by the state Superior Court on Tuesday.
David Frederick, 41, is serving a sentence of 62 months to 19 years in state prison on charges of endangering the welfare of children, corruption of minors and indecent assault. He was also found to be a sexually violent predator.
At trial, he was acquitted of the most serious charges against him, including rape, involuntary deviate sexual intercourse with a child and aggravated indecent assault.
Of the 12 issues raised in Frederick’s appeal, the Superior Court judges found nine to have been waived for reasons including lack of specificity. The issues the court did consider — and deny — were regarding the length of his sentence, whether the judge erred in refusing a jury request for a letter that wasn’t in evidence, and Frederick’s request to submit the victim’s medical records and a letter she allegedly wrote to supplement the record for the appeal.
Represented on appeal by now-District Attorney Stephanie Vettenburg-Shaffer, Frederick had alleged his sentence for two counts of endangering the welfare of a child should have merged for sentencing — meaning his sentence should have been shorter.
However, the Superior Court judges ruled that because the “various acts of sexual misconduct” with the victim occurred “about once a week from the time she was 11 or 12 years old until her senior prom,” the charges stemmed from different criminal acts. Therefore, merging the sentences for the charges was not required, the judges decided.
Frederick also claimed the trial judge erred by refusing to allow the court reporter to play back a portion of the trial testimony for the jury while it was deliberating. However, the jury had requested a copy of a letter the victim had written and a transcript of her interview with investigators — they did not ask for any testimony to be played back.
The letter requested by the jury had not been entered into evidence, and the trial judge denied the jury’s request. The Superior Court upheld his decision.
The court also denied his request to supplement the record of the case. Frederick’s appeal had alleged that the supplemental information was to be used to show ineffective assistance of counsel at trial. He was represented by attorney Jay Carr at trial.
The Superior Court judges said the ineffective assistance of counsel claim should be raised in a collateral review of the case, not during an appeal, and denied his request.
The case was remanded back to the McKean County Court of Common Pleas. No further action had been taken in the case as of Wednesday.
