Rape Charges Dropped Against SouthSide Man
Brian K. Tevald, 21, will serve three years' probation after judge throws out confession, lashes out against polygraph administrator's 'trustworthiness.'
The Northampton County District Attorney's office dropped rape charges against a 21-year-old former DeSales University student who allegedly attacked a 16-year-old girl in her sleep during an October 2011 party at his home in South Bethlehem.
Originally charged with rape, aggravated indecent assault, indecent assault and corruption of minors, Brian K. Tevald pleaded guilty to misdemeanor corruption of minors. He will serve three years' probation.
According to a recent Morning Call article, the decision to drop charges came almost two months after Northampton County Judge Stephen Baratta threw out Tevald's supposed confession.
The article goes on to say that Baratta issued a "scathing" report against polygrapher Charles Patton's tactics, which allegedly included misrepresenting the law. Baratta also pointed out that Tevald wasn't properly read his Miranda rights prior to the polygraph.
According to court records, Tevald and other DeSales students hosted a party at the Montclair Avenue home on Oct. 1, 2011 and the early morning hours of Oct. 2. The victim’s brother, an 18-year-old DeSales student, invited the victim to the party, according to police.
Then, according to the arrest affidavit, the following occurred:
- The girl had several alcoholic beverages after arriving and became intoxicated. Giving in to a strong desire to go to sleep, the girl entered a second-floor bedroom, lay on the bed and went to sleep.
- She awoke to the sound of her cell phone ringing. An unknown man was lying on top of her and inserting his tongue in her mouth. Tevald jumped off of the victim as soon as he realized she was awake.
- The victim then realized that her skirt had been pulled up to her waist and her boots and underwear had been removed.
Tevald has since left DeSales University to finish his education at another college.