HOLLIDAYSBURG — The Blair County district attorney’s office has backed away from prosecuting a man accused of raping a woman in January 2021 at his Claysburg residence, a move that has drawn criticism from the woman’s father.

Kenneth Lee Wells, 45, who is no longer incarcerated, was being considered for a jury trial until mid-March when Wells’ charges — rape, strangulation, aggravated indecent assault, witness intimidation and related offenses — were dropped in light of a petition reporting the victim’s inability to testify in court.

District Attorney Pete Weeks and First Assistant District Attorney Nichole Smith submitted the petition based on a March 10 meeting where Smith attempted to discuss the rape case with the victim — a Tyrone woman — in preparation for trial.

In the petition, Smith said the woman started to speak about the assault, then couldn’t.

“Shortly into her answer, (the victim) emotionally and physically deteriorated to the point where she couldn’t breathe, function, speak or open her eyes. She was violently shaking and appeared unable to control her movements,” Smith wrote in the petition.

After waiting for her to calm down slightly, Smith said the woman revealed that she had been sick for two days in anticipation of the discussion. Smith said the woman also admitted her belief that she would be incapable of testifying in court.

Subsequently, Judge Jackie Bernard was asked to sign a petition signed by Weeks and Smith, advising that they were unable to take the case against Wells to trial.

“The victim’s physical reaction to describing her assault in a private setting supports that she appears unable to meet the legal requirements of testifying in open court regarding the details of her sexual assault,” Smith said. “It further appears that to demand her participation and testimony would subject her to emotional and physical distress and re-traumatization.”

The woman’s father said he disagreed with that assessment and believes his daughter, currently 39 years old, could have testified.

“Despite what they said she said, I know she wanted to go to court,” the father said. “She didn’t want him to get away with this.”

Greenfield Township police charged Wells after interviewing the daughter, then 36 years old, who told them that while she stayed with Wells at his residence in late December 2020 and early January 2021, she was raped, sexually assaulted, had a knife held to her throat and was repeatedly threatened.

Criminal charges indicate that Wells told the woman “to say nothing to nobody” or she would end up like Joselyn.

Police identified Joselyn as Wells’ former girlfriend, Joselyn Mickens, a Fayette County woman who was fatally shot in 2001. Wells, convicted of third-degree murder, served 16 years in a state prison for what he described as an accidental shooting.

News reports indicated that Mickens was shot in the face and her spinal cord was partially severed. At that time, Wells said the couple liked to play with guns during sex and the weapon went off, striking the girlfriend.

In response to the Tyrone woman’s allegations, Greenfield Township police arrested Wells on Jan. 5, 2021, and he remained in the county prison until mid-March when his charges were dropped. While in prison, Wells’ bail remained at $200,000 cash on six felonies and 10 misdemeanor charges.

The woman’s father said he’s not happy with prosecutors for not putting Wells on trial. He said his daughter underwent a rape kit examination and police collected the knife his daughter referenced in the assault. He also acknowledged the likelihood of Wells claiming that everything that happened was consensual.

Smith said that to prosecute this kind of case, the victim must be able to come into court and testify.

While child sexual assault victims have the option in Pennsylvania of testifying by video from another room outside a courtroom, Smith said that’s not an option in this case.

That option is available through the state’s Tender Years Hearsay Act, but not for adults, she said.

Mirror Staff Writer Kay Stephens is at 814-946-7456.