The Pennsylvania Superior Court has dismissed as untimely an appeal filed by a former New Enterprise man serving a lengthy prison term for attempting to kidnap a 17-year-old Mennonite girl 11 years ago.

However, the appeals court panel pointed out that the defendant, Todd Richard Ferry, 67, in addressing the court, made several novel arguments, including that his appeal was untimely because he suffered from “trial-induced trauma.”

Ferry was convicted in late 2016 on charges of kidnapping, false imprisonment, luring a child onto a vehicle and simple assault.

After Ferry’s conviction, Bedford County Judge Travis W. Livengood sentenced him to serve a term of 10-20 years in a State Correctional Institution.

He is presently incarcerated at SCI Laurel Highlands in Somerset County.

In its recent opinion, the Superior Court reported Ferry, in his initial appeal, went all the way to the Pennsylvania Supreme Court, which denied further hearing on Dec. 19, 2018.

In 2019, he filed his first post-conviction petition, which was denied by the Superior Court on Feb. 19, 2021.

He then sought relief from the U.S. District Court in Johnstown, but that petition was denied by Magistrate Judge Keith Pesto in Johnstown.

Ferry, acting as his own attorney, prepared a second post-conviction petition seeking a new trial.

He contended his trial counsel was ineffective because he failed to introduce a receipt for his delivery of apple dumplings at a farm near the location of where a man had attempted to kidnap the 17-year-old girl.

He contended that piece of evidence (the receipt) showed why he was present at the scene of the crime.

Also, he claimed his attorney did not exploit the fact that commonwealth witnesses disagreed on whether the young girl’s dress had been ripped during her struggle with her alleged kidnapper.

The appeals court panel that included Judges Mary Jane Bowes, Jack A. Panella and Correale F. Stevens ruled Ferry’s second post-conviction petition was untimely because such a petition under state court rules had to be filed by March 18, 2019, or one year from the date the state courts closed the book on the Ferry case.

However, the one-year rule grants exceptions that include “newly-discovered evidence.”

Ferry claimed that arguments he made against his trial attorney not properly presenting evidence to the jury represented new evidence of his innocence.

“(Ferry) contends that due to the trauma of enduring trial, he was not aware of what was going on at the time (of his trial).”

It was only much later that he became aware of his appeal issues, he maintains in his appeal.

Livengood and the Superior Court panel did not buy Ferry’s argument.

“We hold that the (post-conviction) Court’s finding that Appellant was aware of the facts and evidence underlying his claims at time of trial is well-supported by the record,” the panel concluded.

The panel upheld the lower court finding that Ferry’s recent petition was “time-barred and not subject to exception.”

The incident that led to the charges against Ferry occurred on Nov. 14, 2014, as the 17-year-old Mennonite girl was riding her bicycle from her job at a produce farm.

As she entered the lane leading to her farm home, a man grabbed her and a struggle ensued.

The attacker held her by her shoulders and began dragging her toward a truck. He attempted to put something over her head. She was able to free herself from his grasp and ran toward her home.

The attacker left behind a pair of black sweatpants covered with dog hair.

State Police Trooper Dana Martini, through interviews with multiple Mennonite girls, was able to track the attacker. Ferry was arrested after an interview with State Police Corporal Edward Mahalko.