CAPA teacher’s sex assault charge dismissed, quickly refiled
An Allegheny County district judge on Tuesday dismissed a sexual assault charge against a former Pittsburgh school teacher, but authorities immediately refiled the same charge against him.
District Judge Thomas S. Brletic said Wednesday he threw out the charge against Samuel Karas, 28, of Carrick — who was accused of cultivating a romantic relationship with an underage student he taught at Pittsburgh Creative and Performing Arts 6- 12 — because authorities did not present enough evidence to support the charge during a preliminary hearing Tuesday.
“My concerns were that the commonwealth didn’t present a prima facie case,” he said. “That’s my priority.”
District Judge Brletic declined to elaborate, in part because the Allegheny County district attorney’s office and Pittsburgh police refiled the charge against Mr. Karas. The refiled charge will now proceed again to a preliminary hearing, and will likely be heard in front of a different district judge.
“That’s the commonwealth’s right,” District Judge Brletic said of the refiling.
Mike Manko, spokesman for District Attorney Stephen A. Zappala Jr., said prosecutors refiled the charge because “we believe the charge is supported by the evidence.”
Mr. Karas was charged with felony institutional sexual assault in connection with allegations that he cultivated a romantic relationship with one of his students. The student was a juvenile when the relationship began and has since graduated from the school, according to a criminal complaint.
The student, who is now an adult, told police that Mr. Karas began to spend time alone with her in June 2018 and that they went on several dates. The student said that in December 2018 she went to Mr. Karas’ home on Hornaday Road and Mr. Karas kissed her.
The girl said Mr. Karas moved her onto his lap and told her he “wanted to be in a serious relationship with her and that he had deleted all of his dating apps from his cellphone,” according to the complaint. The student left his house around 7 p. m. that night, according to the complaint.
Mr. Karas had “direct supervision” over the student at the time, according to the complaint.
Charles Porter Jr., Mr. Karas’ attorney, said Wednesday that the student was 18 when the alleged kissing happened, and he said any such kissing was consensual. He said no one has accused Mr. Karas of having sex with the student or inappropriately touching her.
“Essentially, what the commonwealth is claiming constitutes sexual assault here is kissing between two consensual adults,” Mr. Porter said.
According to state law, an institutional sexual assault occurs if a teacher with care, supervision, guidance or control of a student has sex or “indecent contact” with that student.
Mr. Porter said mere kissing does not rise to the level of “indecent contact” and does not warrant a felony charge. He said the district attorney’s office argued during Tuesday’s preliminary hearing that case law supports French kissing as indecent contact, but he said the student testified she was not sure whether she and Mr. Karas had participated in French kissing.
“Obviously the district attorney’s office doesn’t like to have charges ever thrown out,” Mr. Porter said. “And I think they believe the relationship is such that the charges should be refiled, because they don’t believe any contact whatsoever between a student and teacher would be appropriate. And while it may not be appropriate from an employment standpoint, to rise to the level of a felony — there is clearly no sexual assault here. There is consensual kissing.”
Mr. Karas resigned from his position as a production technology teacher on July 18, with an effective date of June 14. He was hired in October 2013.
A date for the preliminary hearing for the refiled charges had not been set Wednesday.