New evidence that a police officer may have improperly questioned a witness before the trial of a former East Franklin fire chief and Applewold councilman accused of sexually assaulting a child prompted the defense attorney on the case to ask for an acquittal.

Attorney Marc Daffner said he suspected a Kittanning police officer talked to a character witness for his client, Mark Allan Feeney, the night before his June trial, but now he knows that the conversation kept the witness from testifying.

If he would have known that during trial, Daffner said, he would have filed for a mistrial.

“We know now he didn’t attend the trial because of the police contact,” Daffner said Tuesday.

Feeney, 56, was found guilty in June of statutory sexual assault, involuntary deviate sexual intercourse, unlawful contact with a minor and corruption of minors. Two charges were dismissed.

Armstrong District Attorney Katie Charlton said she suggested to Daffner during the trial that a meeting be held with the police officer and the defense character witness for Feeney to sort out what happened. Daffner wanted the case to proceed. He said Tuesday that he didn’t know at the time the extent of the conversation between the officer and the witness.

The officer was not identified in court paperwork.

The Armstrong County jury deliberated less than 90 minutes before returning the guilty verdict.

Feeney’s sentencing was delayed from August and now is scheduled for Dec. 19, according to court officials.

Feeney remains free on bond awaiting sentencing and the outcome of a Nov. 21 evidentiary hearing and his attorney’s motion for acquittal.

Late last month, Charlton filed a motion asking for Feeney to be sentenced in October. In response, Daffner filed a motion seeking judgment of acquittal, similar to a mistrial, alleging the improper contact by a Kittanning police officer the night before the trial, asking the witness to see his cellphone.

In the motion, Daffner claims the prosecutor said the witness “may also have been an appropriate fact witness” for the prosecution and that action implies that the police officer was acting at the behest of the prosecution without a warrant or notice to the defense.

“It is imperative that this matter be resolved prior to moving forward with sentencing,” Daffner argues in his motion.

Charlton’s motion shows she disagrees with Daffner’s argument. She said she is asking that the issues in Daffner’s motion “be treated as a post-sentence motion” instead of before sentencing.

Charlton is arguing that justice for the victim demands that sentencing occur as soon as possible.

The motions hearing is scheduled for Nov. 21 before Judge James Panchik.

Another man, David John Croyle, 61, is scheduled to go to trial in January on separate charges of sexually assaulting the same boy. Croyle is a Kittanning councilman, newspaper publisher and pastor.

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