A Delmont man’s confession regarding the alleged sexual assault of guest in his home was legally obtained by police, a judge ruled.
Robert Pantalone, 55, is awaiting trial on six sex-related counts that claim he forced himself on a woman as she slept on an air mattress in the basement of his home on following a New Year’s celebration in 2018.
According to court records, Pantalone admitted during a interrogation four days later with county detectives that he attempted to forcibly have sex with his accuser several times. She supplied investigators with a text message she later received from Pantalone apologizing for the alleged assault, police said.
During a pretrial hearing last year, Pantalone claimed he could not adequately hear investigators during his interrogation, which he said was improper because he was coerced by three armed officers. The defense also claimed Pantalone was not properly instructed as to his constitutional right to not speak with police.
Six months after his police interrogation, Pantalone claimed he was diagnosed with a hearing deficiency related to his seven-year career in the U.S. military, according to court records.
Westmoreland County Common Pleas Court Judge Tim Krieger on Tuesday denied the defense request to suppress Pantalone’s confession. The judge said there was no evidence to support his claims.
“He did not disclose his hearing disability to the detectives nor was it apparent to them from his behavior during the interview. Although he was given the opportunity in his testimony, the defendant did not identify how his hearing impairment resulted in a misunderstanding of written Miranda warnings and waiver or in what way his disability interfered with his ability to provide an accurate statement to the investigators,” Krieger wrote.
Pantalone is free on an unsecured $10,000 bond. No trial date has been set.
