Lisa Barnes, a suspended Blue Mountain Middle School teacher accused of inappropriate conduct with a male student, will have to appear in Schuylkill County Court after Schuylkill County Common Pleas Judge Jacqueline Russell denied her request for the charges to be dropped.
Russell issued her decision Thursday.
Frederick J. Fanelli, attorney for Barnes, did not return a call for comment Friday. Last month, Fanelli asked for the charges to be dismissed during a motions hearing before Russell.
Barnes was charged with one count each of corruption of minors and institutional sexual assault and two of indecent assault.
In her decision, Russell said, “In making a habeas corpus determination, the court is required to simply examine the sufficiency of the commonwealth’s evidence. As a result, the court is precluded from considering documents attached to defendant’s brief and motion which were not admitted into evidence at the preliminary hearing. Likewise, the court cannot consider evidence offered by defendant’s witnesses at the preliminary hearing which conflicted with the evidence presented by the commonwealth’s witnesses.
“Additionally, at this stage of the proceedings, the court is prevented, by law, from examining the credibility of the commonwealth’s witnesses. Further, the court may not inquire into the possibility that the alleged victim and other commonwealth witnesses did, or, may have motives to fabricate. The court also cannot consider evidence presented by the defendant to the effect that commonwealth witnesses who testified to their having seen inappropriate conduct by defendant, had previously told the school principal that they had seen nothing happen.”
The charges stem from an alleged incident about 8:30 a.m. March 14 during a family consumer science class she taught. A 13-year-old boy said he was inappropriately touched by Barnes when she placed a container with a needle between his legs.
Russell said at trial, a fact-finder will have the opportunity to look deeper into issues about the case and flesh out more details, including “the ability to attempt to reconcile, if possible, the inconsistencies in the versions of the events as recited by the different Commonwealth witnesses, and to consider the effect of the statements allegedly made by various students to the middle school principal which contradicted their sworn testimony,” Russell wrote.
The case came before Russell after Magisterial District Judge James R. Ferrier, Orwigsburg, ruled during a preliminary hearing May 5 that sufficient evidence existed for the case to be heard in county court. Several children testified at the preliminary hearing pertaining to what allegedly took place, offering conflicting versions of events. Fanelli said Barnes, who did not testify, was pleading not guilty at the start of the preliminary hearing held in Ferrier’s office.
The school board voted May 5 to suspend Barnes without pay. Before that, she was on paid administrative leave.
Blue Mountain Superintendent Robert Urzillo said Friday that, “the suspension remains in effect. We’ll have to wait till the outcome of the trial, whenever that occurs.”