Lawyer: Delmont dad accused in death of adopted son should be released on bail

The lawyer for a Delmont man accused in the death of his adopted son told a Westmoreland County judge on Wednesday that prosecutors cannot prove his client committed first-degree murder.

Assistant Public Defender David Mulock argued that evidence presented last month during a preliminary hearing did not conclusively show that Jacob Maloberti intended to kill his 5-year-old son. The defense claimed that because Maloberti is unlikely to be convicted of that specific crime, he is eligible to be released from jail on bail as he awaits trial.

Maloberti, 33, was charged with a general criminal homicide count.

“There is no proof, no evidence they have met their standard to prove he is guilty of first-degree murder. That provides him the right to bail. This charge is based on lengthy, if not solely, on an opinion of a Children’s Hospital doctor who drew a legal opinion of abuse outside of her field,” Mulock argued.

Maloberti, 33, and his wife, Lauren, 34, were charged this summer with causing the death of their adopted 5-year-old son, Landon, who investigators say was beaten and tortured by his parents in January. The child died in the hospital in early February. Prosecutors contend the Malobertis also subjected their son to psychological and emotional abuse and did not get the child medical treatment.

Doctors said the boy sustained dozens bruises on his head, face, arms, legs, back and abdomen, multiple lacerations and massive brain bleeding and swelling.

Lauren Maloberti was charged with first-degree murder in addition to counts of criminal homicide and conspiracy.

The Malobertis have denied the allegations.

Both parents are being held in Westmoreland County Prison without bond. Jacob Maloberti has asked to be released to live with his parents or in-laws and to care for his surviving children.

“We are eager for trial and the defendant is eager to get out and be with his children. He absolutely refutes these allegations and his wife refutes them as well,” Mulock said.

Lauren Maloberti has not asked to be released on bail, according her lawyer, Adam Gorzelsky.

Assistant District Attorney Judi Petrush confirmed prosecutors will argue to a jury that Jacob Maloberti should be convicted of first-degree murder.

She also objected to the defense argument Maloberti is entitled to a pretrial release and said it should not be considered because the allegations raised during Wednesday’s hearing were not addressed in the defense’s request for nominal bond filed last week.

Common Pleas Court Judge Scott Mears did not make a ruling on the defense’s request.