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Bellwood Antis School District: Earl vs. Principal | News, Sports, Work

Bellwood Antis School District: Earl vs. Principal | News, Sports, Work

HOLLYDAYSBURG. A Blair County judge has refused to dismiss witness/victim intimidation charges against a former Bellwood-Antis school district administrator, even though the administrator’s attorney says the case boils down to an unsubstantiated allegation.

In a recent ruling hearing appeals filed on behalf of former athletic director Charles N. Burch, President Judge Wade A. Kagarise denied a motion to dismiss a third-degree felony.

“The Court agrees with the Commonwealth that any inconsistencies must be resolved by a jury,” Kagarise wrote.

State Attorney General Lauren Eichelberger acknowledged in court hearings and court documents that she changed the original charges to indicate the alleged threat occurred on or about Feb. 19, 2020, rather than Feb. 20, 2020, based on a recording that shows cell phone call between a teenager and his mother at 7:51 a.m. on February 19, 2020.

At the time of the alleged threat, state police were investigating allegations of sexual assault against high school wrestling coach Ryan Blazer. The charges against Birch allege that he called one of the teenage victims into his office and asked if something was going on at wrestling practice.

The teenager, who testified at a preliminary hearing in Burch’s case in January, said he answered “strange things” but did not elaborate. In response, the teenager said Burch said he would handle it and then told him not to tell anyone or he could be suspended or kicked from the football team.

The teenager said he called his mother after that meeting because he said he was upset about the possibility of suspension or boarding.

During Kagarise’s May court hearing, defense attorney Thomas K. Hooper told the judge that during a preliminary hearing in January, the teenager admitted that he did not know when his meeting with Burch took place and that he “threw a random date.” outside”.

The defense attorney also referred to the teenager’s testimony, indicating he was in his third year of English when he was called to Burch’s office, which is not supported by a cell phone recording showing the call at 7:51 a.m.

At a subsequent hearing on September 24, Hooper called witnesses to challenge the alleged sequence of events. Michael Lingenfelter, the school district’s former technology coordinator, found no phone calls between Burch’s office and the third-grade English class on February 19 or 20, 2020.

At the same hearing, witnesses said Burch was assigned to duty in the hallway from 7:30 a.m. to 7:55 a.m. on Feb. 19, 2020, and in a school classroom during third period on Feb. 20, 2020.

In response to this testimony, Eichelberger took the position that general statements about where someone was supposed to be are not sufficient to indicate that there was no crime.

She took the position that the jury should weigh the credibility and inconsistencies of the evidence, prompting Kagarise to agree with her recent ruling.

At the Sept. 24 hearing, Hooper said he did not know how Eichelberger could ethically proceed with a case where the credibility of the only witness had been undermined.

Eichelberger declined to comment after that hearing.

Hooper, after learning of Kagarise’s decision, said he understood the court’s position because trust issues — by law — are usually left to a jury. But he also said he believed he had given enough reasons to drop the charges.

“Everything that (the teenager) testified to, with the exception of his unsubstantiated threats, the Commonwealth now agrees did not happen,” Hooper said. “We hoped that the court would recognize that the lawsuit was completely groundless. We believe in the will of the jury.”

Birch’s case is one of several that will go to trial for jury selection on Dec. 16, according to an Oct. 23 review of court dockets. Burch remains free on $50,000 unsecured bail.

In a related case, jury selection is scheduled for Dec. 2 for Timothy Andrekovic of Tipton, the former head wrestling coach at Bellwood-Antis.

Represented by attorney Lance Marshall of State College, Andrekovich is charged with felony child endangerment in a case where he is accused of failing to implement a security plan that prevented Blazer from having unsupervised access to students.

Blaser, who was convicted by a jury in October 2021 of the crimes of sexual violence, is serving a sentence of 21 to 42 years in prison.

Mirror staff member Kay Stevens at 814-946-7456.

BASD will settle the second claim

Kay Stevens

[email protected]

HOLLIDAYSBURG — The Bellwood-Antis School District has settled a second civil lawsuit filed on behalf of a student who was sexually assaulted, allowing an insurance company to pay $1.6 million to the student and the law firm that represented him.

The district’s action is similar to one it took in November 2023, when the district authorized a $1 million payment to settle the first civil lawsuit filed on behalf of another student who was also identified as a victim of sexual assault.

In both cases, students accused former high school wrestling coach Ryan Blazer of sexually assaulting them on school property in 2019 and 2020.

Blaser is currently an inmate at the Greene State Correctional Facility, serving a 21- to 42-year prison sentence. He continues to appeal seven sexual assault convictions handed down in an October 2021 criminal jury trial where two student victims testified.

The settlement in the second civil suit came in July, when a document was filed in Blair County District Court indicating that the case had been settled. School district attorney Carl Byrd, in response to a Right-to-Know request from the Altoona Mirror for a copy of the settlement agreement, said it was approved at the June board meeting.

Under the latest settlement, the district’s insurance company must pay $1.11 million to the injured student and Marcus & Mack, whose Indiana district attorneys represented the student in court.

In addition, the settlement authorizes the insurance company to pay $490,000 to Prudential Assignment Settlement Services Corp., which will pay monthly and one-time payments to the student victim through 2046.

In the first settlement of the civil suit, the district allowed $550,000 to be paid to the injured student and Marcus & Mack. It authorized an additional payment of $450,000 to be distributed to that student each month through 2048.

Because both agreements contain confidentiality clauses, those involved in the negotiations over terms and amounts have barred themselves from commenting on the deals or explaining the difference in payments. Violations may lead to infringement charges and claims for damages.

However, the privacy provisions recognize the disclosure as permitted by law. This includes the release of settlement documents recognized as public records in Pennsylvania and available for access under the state’s Right to Know law.