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WILKES-BARRE — Visibly nervous sitting on the witness stand, a 10-year-old girl testified before a Luzerne County jury Wednesday how Michael William Mullins allegedly rubbed her leg and kissed her ears and head.
Mullins’ trial on felony counts of indecent assault and corruption of minors and three misdemeanor counts of indecent assault began before Judge David W. Lupas.
Wilkes-Barre police Detective Lieutenant Michael Twerdi charged Mullins, 43, of Austin Avenue, Wilkes-Barre, in August 2023, after the girl, then 9, was questioned by a forensic interviewer at the Luzerne County Children’s Advocacy Center.
During opening statements to the jury, Assistant District Attorney Carl Frank said Mullins took his girlfriend’s daughter, then 9, and the alleged victim to a Godsmack concert at Montage on Aug. 2, 2023. While at the concert, Frank said, Mullins rubbed the girl’s legs.
After the concert and a visit to a fast food restaurant, Mullins returned to his Austin Avenue residence where he told his girlfriend’s daughter to go upstairs leaving Mullins and the girl alone downstairs, Frank told the jury.
Frank said Mullins had the girl sit on his lap as he kissed her ears and rubbed her legs. When the girl attempted to leave, Frank said Mullins pulled her back onto his lap.
Mullins’ attorney, Nanda Palissery, said there is absolutely “no physical evidence” to support the allegations.
“There is none in this case, zero!” Palissery said during his opening statement, telling the jury not to be confused by witnesses expected to give similar testimony, referring to a nurse and the forensic interviewer at the Children’s Advocacy Center.
“Keep an open mind. Just because he was arrested, he must be guilty. That is not how our system works,” Palissery said.
After the girl was quizzed about knowing the difference between a lie and the truth, Lupas allowed the girl to testify.
She said she attended the concert with her friend as Mullins drove them. While at the concert, she said Mullins made her sit on his lap and rubbed her legs making her feel uncomfortable.
Upon returning to Mullins’ house, she said Mullins told her friend to stay upstairs as he made her sit on his lap and kissed her ears and head.
During a prior court proceeding, Palissery said there was inconsistencies in the girl’s testimony as the girl previously testified Mullins kissed her neck.