Victim fails to show; judge dismisses charges

A Carbon County court criminal trial was ready to go last week. The judge was present, the defendant and his legal counsel were present, the prosecutor was present and the jury was sworn in ready to hear the case. The problem? The victim was not present.

The trial of Christopher M. Lower, 39, of Coaldale, ended abruptly when defense counsel attorney Paul J. Levy of the public defender’s office, moved to have the charges dismissed because the victim was not present for the start of the trial, which was at 9 a.m.

Judge Joseph J. Matika granted the motion and dismissed with prejudice all charges, meaning they cannot be filed again and the case is over.

Lower was charged by Nesquehoning police with simple assault, harassment by physical contact, and harassment by lewd and threatening language. The charges were filed for an incident on Sept. 25, 2017.

The victim eventually arrived at the courthouse in Jim Thorpe, about 45 minutes late, and was told what had happened and that the criminal matter was over. Prosecutor for the case was Assistant District Attorney Michael S. Greek.

Lower is also facing charges of intimidating a witness/victim — withholding testimony and terroristic threats, for an incident on Sept. 29, 2017, filed by Nesquehoning police. That case is scheduled for a jury trial on June 3.