LISBON - After Common Pleas Court Judge Scott Washam quashed the subpoenas of the Jobs and Family Services employees called to testify on behalf of Joseph Kalbfell, the defense rested Wednesday morning without presenting any witnesses.
Kalbfell, the Salem man accused of sexual importuning for alleged comments made to pre-teens walking after school in the vicinity of Reilly Stadium in 2010, also chose not to testify after conferring with his defense attorney, Jennifer Gorby.
Washam cited two cases in issuing his opinion to quash the subpoenas, stating in State of Ohio vs. Hart it was ruled juvenile records from Children Services could not be used to attack the credibility of a witness.
Gorby had subpoenaed the employees to testify about the main complaining witness, a then 12-year-old Salem boy who had claimed Kalbfell offered to perform an oral sex act with him. Gorby had previously tried to discredit the boy by asking the boy and other children Kalbfell also allegedly approached in the area if the boy was known to lie, if he smoked, drank or used drugs.
Washam said Wednesday he has read the 90-page case file about the boy, which was provided to him by the state. The file is now sealed. The case file was reviewed in order for him to engage in a balancing test as outlined in Pennsylvania vs. Ritchie.
Washam requested in lieu of closing arguments that the two attorneys, Gorby and Assistant Prosecutor Timothy McNicol submit closing briefs to him by Nov. 7. Washam is expected to rule on the case sometime following the briefs.
The initial testimony began on Oct. 10 in the case, which is being tried before Washam. It had been scheduled to resume on Tuesday, but was postponed until Wednesday while Washam made a determination on the motion by McNicol and the refuting response by Gorby about quashing the subpoenas.