July 10—Pennsylvania Superior Court on Monday upheld the lengthy prison sentence of former Pittston-area group executive Brendan J. Carter, who challenged a jury conviction saying his rights were violated.
Carter, 33, was found guilty by a Luzerne County jury following an October 2020 trial before Judge Joseph F. Sklarosky Jr. on allegations that he sexually assaulted and corrupted nine teenage boys, including some were members of the school band.
Sklarosky sentenced Carter to between seven and 14 years in state prison and deemed him a violent sexual predator, which requires lifetime registration under the state’s Registration and Registration Act. notification of sex offenders.
Carter, through his attorney, Andrew J. Katsock III, appealed the conviction and sentence, saying the judge failed to suppress statements made to County Det. Charles Balogh and Pittston Area School Resource Manager Michael Boone.
Carter further challenged his defense expert’s access to his cell phone, which Carter gave to Balogh during the interview.
Balogh and Boone opened an investigation when a former student of the band alleged that Carter forced the students of the band to play inappropriate games at school and on a band bus. Carter also requested explicit photos of the student.
The investigation uncovered other students who made similar allegations against Carter.
The details of sexual offenses are troubling.
Carter claimed that Sklarosky denied a motion to suppress his statements to Balogh and Boone when he agreed to be interviewed and acknowledged that he had received his Miranda warnings.
Carter also claimed his expert, hired days before the trial, had difficulty reviewing a forensic scan of his cell phone at the district attorney’s office. He also alleges that his cell phone was confiscated from him without his consent and without a search warrant.
“He signed a warrantless search consent form. (Sklarosky) concluded that the credible testimony of Detective Balogh and Officer Boone established that Carter’s consent was voluntary and not the product of coercion,” the appeals court ruled in a 27-page decision.
Referring to Carter’s expert examining the cellphone, the appeals court said: “He was well aware that there were two photos in question on the cellphone. Yet he offers no explanation as to why he didn’t hire an expert to examine the phone until June 8, 2020, and then only arranged for such an examination a few days before the trial…despite multiple requests from the (attorney’s office of district) for the name of the expert and repeated offers to arrange for such an expert to see the telephone.”
Four of the victims filed civil lawsuits against Pittston Area and Carter. A settlement with the Pittston region resulted in a $6 million settlement earlier this year.
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