A Warren man accused of sexually abusing a two-month-old child had his motions to suppress evidence against him denied after a lengthy court proceeding before Judge Gregory Hammond on Tuesday.
Francis J. Notoro, Warren County Jail, initially had chosen to represent himself against charges including involuntary deviate sexual intercourse with a child, indecent assault, simple assault and rape, amongst other counts.
The charges stem from a July 15, 2012 incident in which personnel at Warren General Hospital reported suspicious injuries to the body of an infant Notoro had brought to the hospital. Further examination of the injuries found bruising and abrasions consistent with bite marks on various body parts.
In August, Hammond deemed Notoro not to be competent to represent himself and ordered the Warren County Public Defender's Office to act as counsel in the case.
Notoro had filed two motions to suppress evidence from interviews he gave on July 16 and July 18 of last year with members of the City of Warren Police Department and the Pennsylvania State Police.
"The defendant was provided his Miranda warnings. He waived his constitutional rights and we are pleased with the decision of the court denying the suppression motions," Warren County District Attorney Ross McKiernan said.
Hammond addressed and denied a number of issues raised by Notoro in letters to the court, including his request to hire a polygraph expert; that Hammond disqualify himself from the case because he had "ex parte" communication with the district attorney and public defender; and that Public Defender John Parroccini disqualify himself from the case as well.
Notoro was permitted to hire an expert to obtain a dental mold and compare it to the evidence and alleged bite marks.
Testimony during Tuesday's proceeding was given by law enforcement officers who conducting the interviews with Notoro. They read from the transcripts where he was read his Miranda rights, consented to waive his rights and proceed without a lawyer.
Notoro called himself to the stand as a witness and said, "I would like to perform a narrative" which included his version of the interviews with law enforcement that he described as "deep", that he was chastised, that he "wasn't on the ball" or "in the same mind and realm."
McKiernan objected to the relevancy of the Notoro's testimony and Hammond instructed him to focus on the first interview with law enforcement.
"You were being mean to me...I've had like 35 kids," Notoro said.
McKiernan later asked Notoro if he signed the waiver to his rights at the beginning of the first interview.
"My working memory index is 132," Notoro said. "Me and Einstein could write books together."
Notoro then recited what he said were the first 35 numbers of Pi and began reciting Bible verses while crying.
A change of venue hearing is expected to be held next week.