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McKean County District Attorney's Office

District Attorney Stephanie L. Vettenburg-Shaffer
mckeanda.org
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In this Section

  • Appeals
    • Appeal of CW v Morrisroe
    • Appeal of CW v. Fuller
    • Appeal of CW v. Kelsey
    • Appeal of CW v. Perez
    • Appeal of CW v. Schoonover
    • Appeal of CW v. Yohe
  • Jury Trials
    • Jury Trial August 16, 2021
    • Jury Trial August 17 and 18, 2020
    • Jury Trial December 16, 2019
    • Jury Trial December 9, 2019
    • Jury Trial February 5-8, 2018
    • Jury Trial July 19 and 20, 2021
    • Jury Trial July 27, 2020
    • Jury Trial June 21 - June 24, 2021
    • Jury Trial May 18, 2021
    • Jury Trial October 12, 2021
    • Jury Trial October 13, 2021
    • Jury Trial October 18 and 19, 2021
    • Jury Trial October 21, 2019
    • Jury Trial October 27, 2020
    • Jury Trial October 28-31, 2019
    • Jury Trial September 1, 2020
    • Jury Trial of December 20, 2021
    • Jury Trial March 21 and 22, 2022
    • Jury Trial of January 3 and 4, 2022
    • Jury trial of March 14, 2022

Appeal of CW v. Fuller

McKean County District Attorney Stephanie L. Vettenburg-Shaffer reports that, by decision filed January 28, 2021, the Pennsylvania Superior Court has upheld the conviction of Eric Michael Fuller. 

On November 4, 2019, following a two day jury trial, Fuller was convicted of Statutory Sexual Assault (11 or more years older than victim)- Felony 1; Sexual Assault – Felony 2; Indecent Assault – Felony 3; Endangering Welfare of Child – Felony 3; Corruption of Minors – Misdemeanor 1; and Involuntary Deviate Sexual Intercourse – Felony 1.

Fuller’s appeal challenged the sufficiency of the evidence as well as a pre-trial determination by the Court on the admissibility of hearsay statements made by a child under the Tender Years Hearsay Act.

The Tender Years Hearsay Act allows hearsay statements of young children who are victims or witnesses to crime to be admitted at a trial under specific circumstances.  

The District Attorney’s Office filed a motion asking the Judge to allow the use of these statements at the trial.  By Order dated June 4 2019, the Judge made findings on what statements would be admissible if the child also testified at the future trial.

The Superior Court affirmed the jury’s verdict, finding that the Commonwealth presented sufficient evidence for the Defendant to be found guilty of the charges, as well as affirming the Judge’s decision on allowing the hearsay statements of a child victim under the Tender Years Hearsay Act.

Following the trial, Judge Hauser sentenced Fuller to a period of 72 months to 180 months of incarceration.  He is required to register as a Sexual Offender for his lifetime.  Fuller is serving his sentence within the Pennsylvania Department of Corrections.

McKean County DA
500 W Main St
Smethport, PA 16749
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