Hetrick

The Pennsylvania Superior Court this week dismissed the appeal of an Alexandria man who is serving time in prison for the rape and sexual abuse of a 14-year-old girl because he failed to properly preserve the challenge to his conviction.

Donald Lennon Hetrick, 41, is presently serving a 21- to 47-year sentence imposed in June 2024 by Blair County President Judge Wade A. Kagarise after a jury convicted him on sexual trafficking charges, as well as rape of an unconscious victim, statutory sexual assault, corruption of minors and other offenses.

Hetrick and a cousin, Nikkia D. Beck of the Williamsburg area, decided to have a “staycation” at an Antis Township motel during Easter weekend in 2021.

The alleged family outing included two girls, ages 13 and 14.

The 14-year-old was a friend of Beck’s daughter.

Beck and Hetrick stayed in separate rooms, but the girls ended up in Hetrick’s room, where they were drinking and smoking marijuana.

During Hetrick’s trial, the victim in the case, then 17, indicated that she became “very intoxicated” and fell asleep.

The girl testified that, when she woke up, she found Hetrick on top of her and that later, she could feel his body thrusting against hers.

Investigators also uncovered text messages in which Hetrick related his desire to engage in sexual activity with the girl and that he was willing to pay money if Beck could “work her magic” to find a way to get the girl to come to his motel room.

On the witness stand, Hetrick denied he had sexually assaulted the girl, but a Blair County jury found him guilty of 10 offenses.

After the trial, Blair County Assistant District Attorney Nichole Smith praised the jury’s decision, stating “These results show a Blair County jury won’t tolerate this kind of activity in their community.”

Hetrick and his attorney, Scott Pletcher, reacted to the verdict by noting they intended to appeal the jury’s findings and the lengthy sentence imposed by the judge.

The appeal focused on one issue.

The defense attorney argued before the trial court (Kagarise) and the Superior Court that the prosecution failed to provide the defense with the curriculum vitae of an expert witness, Dr. Babara Ziv, a psychiatrist from Blue Bell, who was called to testify on how adults and children respond after a sexual assault.

Pletcher indicated he had little notice of Ziv’s testimony and did not receive the listing of her background until moments before she was to testify.

The prosecution maintained it had provided a copy of her curriculum vitae by email prior to the trial.

And during the trial, the prosecution handed Pletcher an updated copy as to what Ziv intended to discuss on the witness stand.

According to the transcript of the ensuing bench conference, the judge asked Pletcher if he was “suggesting” he did not receive a copy of Ziv’s reports on the case.

The transcript showed that Pletcher replied, “Only that — I have them now, judge. I’m fine. I can read them, I believe.”

The judge asked Pletcher if he had any other questions.

He answered, “No, your honor.”

Superior Court Judges Mary Jane Bowes, Jack A. Panella and Correale F. Stevens, in hearing the appeal, pointed out that Pletcher never challenged the admission of Ziv’s reports or testimony during that bench conference.

The challenge was presented for the first time in the appeal.

“(The Defense) waited until after (Hetrick) was convicted and sentenced to raise this for the first time in his post-sentence motion,” the Superior Court opinion stated.

The panel explained proper procedure requires that defense challenges must be presented to the trial judge first and cannot be raised initially on appeal.

As such, the defense waived its right to challenge Ziv’s testimony and reports, according to the Superior Court.

The opinion concluded, “Given that (the defense) raises no other issues for our review, we affirm the judgment of sentence.”

Hetrick, the first person in Blair County to be convicted for human trafficking and conspiracy to commit human trafficking under a Pennsylvania law enacted in 2014, is serving his sentence in the State Correctional Institution in Somerset County.

Beck, the cousin who arranged the family outing, was placed on 10 years’ probation for conspiracy to engage in human trafficking for her cooperation in Hetrick’s prosecution.