News

November 15, 2008

Rape suspect testifies at trial

Gary Daniel Bartone held flame under hand to show jury his impaired ability to feel.

By Edward Lewis elewis@timesleader.com
Staff Writer
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WILKES-BARRE – A Mocanaqua man used a butane lighter to show a Luzerne County jury on Friday that he is physically incapable of sexually assaulting two girls.

Gary Daniel Bartone, 64, of Paradise Avenue, testified his disability and prescription medications make have made him impotent. He told a jury the broken neck he suffered years ago caused nerve damage throughout his extremities, and he is unable to lie on his stomach and back.

Sitting in the witness chair, Bartone held an open flame under his hands and told the jury he feels no pain.

“I have no sense of sexual feeling,” Bartone testified. “I can’t feel pain until I’m burnt.”

He said he has arthritis in his hands and receives steroid shots for his ailing back.

Bartone admitted in his testimony that he gave the two girls alcohol because he wanted to control their drinking.

Bartone was accused in March 2007 by State Police Trooper Christopher King at Shickshinny of raping the two girls from 2001 to April 2006. Several of the assaults allegedly happened in Columbia and Monroe counties, prosecutors allege.

His trial began on Wednesday before Court of Common Pleas Judge Michael Toole.

Assistant district attorneys Jenny P. Roberts and Lauren A. Ciavarella, and Bartone’s attorneys, Vincent J. Cappellini and Joseph J. Yeager, are expected to give closing arguments on Monday.

During Friday’s testimony, Bartone’s daughters, Danielle Loverbi and Tracey Bartone, told the jury that the two alleged victims never told them they were being sexually assaulted by Bartone. Loverbi and Tracey Bartone resided with their father during the time of the alleged incidents, they said.

Danielle Loverbi said one of the girls had a habit of telling lies, and the two girls often fought with each other.

Nicole Phillips, a friend of the girls, testified one of the girls told her the allegations were made up.

“(Name withheld) said everything was a lie,” Phillips said.

Phillips said she knew police were investigating Bartone but didn’t notify authorities as to what the girl had told her.

Bartone is facing six counts of indecent assault, four counts each of involuntary deviate sexual intercourse and corruption of minors, three counts of aggravated indecent assault, two counts each of sexual assault, endangering the welfare of children and furnishing alcohol to minors, and a single count of rape. The trial continues Monday.

Edward Lewis, a Times Leader staff writer, may be reached at 829-7196.

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