The Herald, Sharon, Pa.

Local News

November 14, 2013

Judge throws out some of defendant’s statements

SHARON — Although Mercer County Common Pleas Court Judge Christopher J. St. John ruled that Sharon police improperly elicited incriminating statements from Calvin E. Winchell, 35, of 479 B. St., during his arrest, Winchell allegedly made other incriminating comments that were not challenged.

Winchell was charged with indecent assault, corruption of a minor and dissemination of sexual material to a minor for luring the girl to his home May 31 with an invitation to bake cookies, police said.

He talked the girl into taking a bath while he watched, shaved her pubic area and underarms and showed her a pornographic picture, police said.

Sharon patrolman Marc A. Adamo testified Nov. 6 at a suppression hearing that a neighbor reported a sexual assault. He went to Winchell’s apartment to collect the girl’s belongings, had a conversation with Winchell and left.

Shortly afterward, Sgt. James Masotto arrived and Adamo filled him in on what had occurred, Adamo said. They decided to arrest Winchell, but he ran before they could re-enter the apartment, Adamo said.

Police caught Winchell at his mother’s home on Nimick Street, cuffing him on the back porch as Winchell’s stepmother and stepfather came out and Winchell’s mother’s dogs were barking, creating a chaotic scene.

After Winchell was cuffed, Masotto said to him, “What’s the matter with you, shaving that little girl?”

Winchell replied, “All this over shaving a little girl?”

Adamo testified he did not hear Masotto’s original remark, but he heard Winchell’s reply, told him to be quiet and said he knew that Winchell also bathed the girl.

“He (Winchell) said, ‘No, no, no, I watched her take a bath. I never touched her,’ ” Adamo said.

Although Assistant District Attorney Daniel Davis argued that the comments should not be taken as part of an ongoing conversation, St. John said it was logical to construe them that way.

Both policeman testified that Winchell had not been given his Miranda warnings that he had the right to remain silent, and that such warnings are given when someone is interviewed. They said they did not believe that they had been interviewing Winchell.

“I didn’t want to have a conversation with him,” Adamo said, adding that he was “sickened” by the allegations.

“That’s why I advised him several times to be quiet,” Adamo said.

Both policemen said they were familiar with Winchell from past encounters and Masotto agreed with defense attorney Jeffrey M. Simons that Winchell can be talkative.

St. John said the issue was not whether the policemen intended to question Winchell but whether the things they said were likely to elicit responses from Winchell.

In an opinion filed Friday, St. John said the policemen “should have known that it was reasonably likely that this particular defendant would likely make an incriminating remark to this question/statement.”

He suppressed both statements, meaning prosecutors cannot use them as evidence against Winchell.

However, St. John said Winchell allegedly made incriminating statements in his discussion with Adamo in his apartment, and Simons acknowledged he was not challenging the admissibility of those statements.

In addition to this case, Winchell, faces two others: that he tried to hire a fellow Mercer County Jail inmate in July to harm or intimidate the girl; and that he raped a 5-year-old girl in 2012.

1
Text Only
Local News
  • Police: Kids in car were OK

    The mother of two young children was drunk and passed out when police found them all in a car parked along a city street, Sharon police said.

    July 29, 2014

  • To talk – or not – about police

    The mysterious agenda item, “No. 10,” at Farrell’s council meeting Monday became the center of a heated workshop and business session.

    July 29, 2014

  • Community thanks its first-responders

    Sharpsville honored its emergency responders Sunday at an event that included Mertz Towers residents as special guests.

    July 28, 2014

  • Drilling boom challenges state inspectors

    The state’s 83 well inspectors face a daunting enough challenge keeping tabs on 120,000 active oil and gas wells that have been drilled over the last century.

    July 28, 2014

  • Kidds Mill Covered Bridge A span of time

    Four generations of the Cadman family have enjoyed the Kidds Mill Covered Bridge, which is in Pymatuning Township near where the family’s ancestral farm is located.

    July 28, 2014 3 Photos

  • Intruder hurts woman, takes $5

    A home invasion in Hermitage Friday night sent an elderly woman to the hospital and netted the robber $5.

    July 27, 2014

  • national night out March against crime set for Aug. 5

    At the last Southwest Mercer County Regional Police Commission meeting, Chief Riley Smoot Jr. presented the number of incidents for each of the four communities in May.

    Farrell topped out at 819.

    July 27, 2014 1 Photo

  • high street trail Peaceful pathways

    History buffs and picnickers in the Shenango Valley won’t have to drive to Sharpsville to hang out at the old Erie Canal extension lock. They’ll soon have the option to walk or roll in on bicycles and even powered chairs to visit Canal Park near the outflow of Shenango Dam.

    July 27, 2014 1 Photo

  • balloonquest1 Balloon Quest celebrates 25 years

    Today is the final day of the 25th annual Western Pennsylvania Balloon Quest at Scotland Meadows Park.

    July 27, 2014 1 Photo

  • News briefs from July 26, 2014

    Man faces bomb threat charges

    June building tops $4 million in Hermitage

    July 26, 2014

  • Elderly man survives plane crash

    An elderly man survived wrecking his plane into a bank, then landing into a wetland, about 200 feet south of Runway 28 at Grove City Regional Airport in Springfield Township on Friday.

    July 26, 2014

  • Dontae Rashad Pinkins Man arrested for April gunfight

    Federal marshals and local police arrested Dontae Rashad Pinkins Thursday on a warrant accusing him of involvement in an April gunfight with another man in a Sharon alley.

    July 26, 2014 1 Photo

  • Hearing changed in starving case

    The time and place for the preliminary hearing of a Greenville mom accused of starving and beating her 7-year-old young son has been changed.

    July 26, 2014

  • Schell working on mural Drawn to Mexico

    Jason Schell probably is not exaggerating when he says that millions of people have seen his art.

    July 26, 2014 4 Photos

  • Farrell man, 24, arrested on warrant in connection with April shooting

    Federal marshals and local police arrested Dontae Rashad Pinkins Thursday on a warrant accusing him of involvement in an April shootout in Sharon.


    Pinkins, 24, of Farrell, is in Mercer County Jail after failing to post bond on gun charges.

    Additional details to follow.
     

    July 25, 2014