A pool of 12 men and women from Blair County were selected yesterday to hear the trial of a former Tyrone Doctor accused of soliciting sexual favors from young boys in exchange from alcohol and drugs.
According to a representative of the court administrator’s office, the trial is expected to begin Aug. 5 and conclude on Aug. 7, but health problems of the 55-year-old Bender might not let that happen.
For the past year, Bender and his attorney, Thomas Dickey of Altoona, have been filing motions asking Judge Jolene Kopriva to delay proceedings because of his heart problems.
Bender is accused by the state attorney general’s office of holding underage parties at his Tyrone apartment. During these parties, authorities said Bender would offer the young people cocaine, marijuana, beer and alcohol.
“There hasn’t been any offers on his (Bender’s) part as far as a plea arrangement,” said Senior Deputy Attorney General Mike Madeira. “And there hasn’t been any offer on my part. The only thing that I would be able to offer is an open plea. It’s a little difficult to negotiate a case like this.”
An open plea gives the sentencing judge full control of the sentencing arrangement, although prosecutors and the defense attorney can make recommendations to the court.
In March, Bender’s accomplice, Gilbert J. Stevenson Jr. of Avis, was standing trial and was three days into the proceeding when he struck a deal with the state Attorney General’s office. In exchange for the plea agreement, Stevenson said he would testify against Bender during his trial.
“The last thing we had to put on in the trial was the defendant’s confession,” said Madeira. “I think that’s when he realized that he would probably be far better off if he would cooperate with the commonwealth and admit what he done to the court.”
The plea arrangement calls for Stevenson to enter guilty pleas to six counts of delivery of cocaine and single charges of delivery of ecstasy, delivery of PCP, conspiracy to deliver controlled substances, providing alcohol to minors and corrupting the morals of minors. In exchange, the state will “nolle prose,” or drop, several other charges , including sexual exploitation of children.
Stevenson’s attorney, Peter Campana, said Stevenson agreed to the plea agreement because prosecutors fashioned it to exclude the sex offenses, of which he said Stevenson was innocent.
“I’m thrilled with the outcome of the (Stevenson) case,” said Madeira. “The deal that has been reached is something I’m pleased about because I still have a trial against the chief perpetrator.”
