No plea in sex abuse case, trial next week

WESTCHESTER» An anticipated guilty plea by a former Birdsboro woman fell though Thursday when the judge presiding over the case refused to accept it, citing the defendant’s refusal to admit to sexually abusing a young girl in the home she shared with her then-boyfriend.

Deborah Keeley, 49, is one of three people who were charged in 2013 with abusing children over period of several years. She and her former boyfriend, Warren Earl Yerger Sr., who allegedly directed the abuse, are now scheduled to go to trial in the case next week.

Keeley is accused of participating in the sexual assaults of a young girl with Yerger from 1996 when the couple started living together until they parted in 2001.

Keeley at first attempted to enter a no contest plea before Judge William P. Mahon in the case, over the objections of the prosecutor, Deputy District Attorney Deborah Ryan.

Her defense attorney, Edward Gallen of West Chester, told Mahon that his client was willing to plead guilty to other charges against her, such as corruption of minors and endangering the welfare of children, but not to the crimes that allege sexual contact between Keeley and the girl.

Gallen said his client had no defense to present at trial, but would not admit that she touched or had sex with the girl as authorities contend.

Mahon refused to accept that plea, citing the future problems

it would cause if Keeley were required to complete sex offender’s treatment while in prison but denied being a sex offender.

When Keeley, after consulting with Gallen for several minutes, later offered to plead guilty, Mahon made sure that she was admitting the facts as alleged by authorities.

Ryan said the abuse involving Keeley had occurred at a home on Levengood Road in Upper Pottsgrove, Montgomery County until 2001, when Yerger moved out. She faces about 25 charges, including multiple counts of felony involuntary deviate sexual intercourse, aggravated indecent assault, and indecent assault.

“Did you in fact engage in sexual conduct (with the victim)?” Mahon asked Keeley, a stout woman wearing a white blouse, blue jacket, and black pants, her brown and gray hair tied back from her face in a pony tail.

“I still say I did not touch her,” Keeley answered. “But I don’t have any defense, so I want to plead guilty.”

Ryan said that to enter a proper plea, Keeley would have to agree with the elements of the crimes she was charged with, which include physically touching the victim. Mahon agreed, and refused to accept the plea.

The case had been scheduled for trial on Monday, Dec. 8, but was postponed earlier by Mahon.

”If this isn’t going to work, we’re ready to go to trial,” Ryan declared.

Meanwhile, Mahon delayed the start of the trial for a few days to give defense attorney Laurence Harmelin of West Chester more time to prepare his case.

At Thursday’s hearing, Harmelin said he had not been able to adequately go through all the legal discovery he had been provided in his clients’ cases.

“I am not in the position to give Mr. Yerger the representation he deserves because he might be not guilty,” Harmelin said.

Harmelin said a large amount of his time in the eight months since he had been appointed to represent Yerger had been taken up by a three-weeklong death penalty case before Judge David Bortner that concluded in October. He said he did not feel he had enough time to go through all the evidence he’d been given.

Ryan objected, saying that the case against Yerger was not especially complicated. She also said the victims had been waiting to tell their story in court for two years and that it would be a hardship on them to wait much longer.

Mahon said that he would bring a jury panel in for selection on Thursday and Friday of next week if necessary, and ordered Harmelin to be ready to begin trying the case on Monday, Dec. 15.

Ryan said that her office had been able to pare down the number of counts against Yerger from over 1,000 to 173. A conviction on all counts could bring the possibility of hundreds of years behind bars.

In addition to the charges against him that include Keeley, there are three other alleged victims at Yerger’s hands, authorities contend.

His wife, Linda Yerger, has previously pleaded guilty to engaging in the sexual abuse with him and is expected to testify on behalf of the prosecution at the trial.

Yerger is being held on $1 million bail in Chester County Prison. Keeley is also being held there in lieu of bail. To contact staff writer Michael P. Rellahan call 610696-1544