Pa. State Police accused Joshua A. Mohlmann of having a years-long sexual relationship with the girl, an ex-student.
The case involving a New Jersey teacher charged with sexually assaulting a former student from his seventh grade math class might never get to Northampton County Court.
Joshua A. Mohlmann, 40, of the 500 block of Laurel Hill Road in Upper Mount Bethel Township, left district court in Bangor on Monday after a frustrated district judge issued a 10-day continuance.
Senior District Judge Sherwood Grigg took issue with Assistant District Attorney Anthony Casola's plan to present hearsay evidence in the case.
During a preliminary hearing, Grigg must determine if there is enough evidence to send the case onto county court or possibly throw it out.
"Never to my knowledge have I sent a case to county court based on just hearsay ... because the rules prohibit it," Grigg told Casola.
Mohlmann is facing felony charges of statutory sexual assault, involuntary deviate sexual intercourse involving a victim younger than 16, sexual assault, aggravated indecent assault involving a victim younger than 16 and institutional sexual assault.
Additionally, Mohlmann is charged with misdemeanor endangering the welfare of children, corruption of minors, indecent assault on a victim younger than 16 and furnishing alcoholic beverages to a minor.
Mohlmann taught for the Harmony Township School District in Warren County when the alleged sexual relationship began. Dressed in a suit and tie Monday, Mohlmann did not speak during the district court appearance.
Police said the relationship began in 2008 when the 14-year-old girl began babysitting for Mohlmann and continued until March 2015 when the victim was 21.
Mohlmann engaged in sexual conduct with the victim, now 22, that progressed to intercourse just after her 17th birthday in 2011, police said. He allegedly provided the girl with vodka during this encounter and on multiple occasions prior to her turning 21, police said.
Pennsylvania State Police began investigating reports of the sexual assaults in July 2015, picking up an investigation opened by the Warren County Prosecutor's Office. Mohlmann turned himself in to police in May.
Teacher charged with sex assault of ex-student
Defense attorney Mark Minotti raised objections to any hearsay evidence -- the contents of which were not revealed Monday.
Minotti said prosecutors couldn't even determine if testimony they would be presenting was from the trooper prosecuting the case or another trooper who interviewed the victim.
"The interview that took place with her is (another trooper) not even here today," Minotti said.
Grigg asked why the victim wasn't testifying and why Casola planned to only use secondhand testimony.
"Do you have a witness here not based on hearsay?" Grigg asked. "I'm going to rule on whether a case can go to court on hearsay alone?"
Casola argued a Pennsylvania Superior Court decision in July 2015 ruled hearsay evidence was sufficient to determine probable cause at a preliminary hearing. The magistrate said he still wanted to know why the 22-year-old would not be testifying at the hearing.
"It's my understanding, in this particular case, this alleged victim is of age," Grigg said. "Why isn't she testifying?"
"Because we don't have to put her on, your honor," Casola replied.
"That's your answer?" Grigg asked.
"That's my answer," replied Casola.
The judge issued a continuance in the case for 10 days and ordered Casola turn over the evidence he wanted to present, as well as a recording of a statement provided by the victim.
Casola agreed, but told the judge he would not be presenting the recording at the preliminary hearing.
"It's a rare case," Grigg said. "I'm just trying to do it right."
Mohlmann was suspended from his teaching position following his arrest, Harmony Township Chief School Administrator Christopher Carrubba said previously.
"We are taking this matter very seriously and have been in touch with the prosecutor's office, and our highest priority is the safety and well-being of our students," Carrubba said in an email in May.
Pamela Sroka-Holzmann may be reached at pholzmann@lehighvalleylive.com. Follow her on Twitter @pamholzmann. Find lehighvalleylive.com on Facebook.