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The state’s highest appellate court has renewed an appeal by a Luzerne Intermediate Unit teacher charged with suggesting a female student send nude pictures to a boyfriend.
Amy Burke, 40, of Dallas, through her attorney, Frank Nocito, is contesting a child corruption charge filed by Kingston police.
Police alleged Burke told a female student at West Side Career and Technology Center in Pringle to send nude pictures to a boyfriend. The student confided with Burke about issues the girl was having with a boyfriend. Burke allegedly told the student to send the boyfriend “nudes.”
Prosecutors relied heavily on the testimony of a police detective at preliminary hearings to have the charge sent to Luzerne County Court.
President Judge Michael T. Vough earlier this year refused to dismiss the charge on a Habeas corpus petition filed by Nocito, who then filed an appeal with the state Superior Court in March.
Vough relied upon the Superior Court’s 2015 ruling in Commonwealth v. Ricker and the 2017 ruling in Commonwealth v. McClelland that allows hearsay testimony to establish a case at the preliminary hearing level in his refusal to dismiss the corruption charge against Burke.
The Superior Court’s 2015 ruling was known as the “Ricker Rule,” which was widely contested by defense attorneys and quietly by several district judges.
After Nocito filed the appeal with the Superior Court, the appellate court on June 8 dismissed Nocito’s appeal, stating Vough’s refusal to dismiss the corruption charge is unappealable.
Then on July 20, the state Supreme Court overturned the Superior Court’s ruling in Commonwealth v. Ricker giving the opinion that hearsay evidence is admissible so long as it is not the only evidence presented at preliminary hearings.
Nocito filed what is called an “Allowance of Appeal” with the Supreme Court in light of the overturned Ricker Rule.
The Supreme Court granted the allowance of appeal with instructions to the Superior Court to review Burke’s case in consideration of overturning hearsay evidence at preliminary hearings.
When reached Tuesday, Nocito said it is his practice not to comment on pending litigation but noted he felt relieved Burke’s appeal has been given new life.