The Pennsylvania Superior Court has rejected an appeal filed by an Altoona man who is serving a prison term of 47.5 to 95 years for his sexual abuse of a child throughout her formative years.

Charles Raymond Fagan, 45, is presently incarcerated in the State Correctional Institution in Forest County following his conviction two years ago on charges of child rape, statutory sexual assault, indecent assault, involuntary deviate sexual intercourse and endangering the welfare of a child.

Fagan established close relations with the child after he moved in with her mother.

According to the Superior Court opinion issued last week, the child, who was 6 years old at the time, became “extremely close” to her mother’s new boyfriend, noting they would go camping and fishing together.

Fagan, the court noted, became a stepfather-like figure to the child, but the relationship changed when she became 8.

She testified Fagan began to sexually abuse her and the abuse continued until she was 13 years old.

The appeals court panel that reviewed Fagan’s appeal stated he characterized his actions as “having fun,” but he told the youngster, “you owe me,” because he purchased her toys and took her to an arcade near a local mall.

The abuse continued in many forms, and, the court reported, Fagan told her not to tell anyone about their relationship or “she wouldn’t have a dad anymore.”

The story, however, did come out when she disclosed the details to her mother, stating Fagan was “doing sexual stuff to her.”

It was at that point the mother contacted the Altoona Police Department and Officer Erik Stirk referred the youth’s complaint to Childline, a state Department of Human Services website to report child abuse.

Altoona Detective Sgt. Terry Merritts then scheduled an interview with the Children’s Advocacy Center of Blair County.

During interviews with Merritts and at the Child Advocacy Center, the youngster revealed the full extent of her ordeal.

Merritts stated that during his interview with Fagan, the suspect was “physically sweating and shaking.”

The Superior Court opinion described how Fagan during the interview began to “belch and gasp and started to wail and cry.”

He threw up multiple times while explaining that he had a sleep disorder where he would wake up and find himself having sex with whoever he was with.

During the police interview, however, Fagan did not claim the allegations of the child were false.

The appeals court also reported Fagan made a statement to another officer that, “He wanted it to be clear that it was only one child, not children,” for which he was being charged.

During the trial in 2024, the prosecution played portions of the young victim’s forensic interview at Children’s Advocate Center, and the recorded statement Fagan gave to Merritts.

The jury found Fagan guilty of the multiple charges of sexual abuse and President Judge Wade A. Kagarise imposed the lengthy sentence of 47.5 to 95 years.

Fagan, through the Blair County Public Defender, filed an appeal with the Superior Court contending the recorded statements used to convict him were “unfairly prejudicial.”

A third issue was also raised.

Just days before the Fagan trial was to begin, the defense sought a delay to its start.

The defense learned that a letter had been sent to the District Attorney outlining new allegations against Fagan.

Defense attorneys wanted additional time to investigate the charges in the letter.

However, the request for continuance was denied by the judge.

The Superior Court panel that included Judges Jack A. Panella, Carolyn H. Nichols and Kate Ford Elliot upheld Judge Kagarise’s decisions rejecting the appeal issues raised by the defense.

The defense initially challenged the admission of Fagan’s statement to Detective Merritts, charging the detective used “deceptive means” to compel Fagan’s statement by inferring that the young girl had taken and passed a polygraph test.

The officer indicated no polygraph test had been administered during the investigation, but there was discussion with Fagan involving a “test” that addressed the forensic interview at the Children’s Advocacy Center.

Merritts responded, noting that he explained to Fagan what the forensic interview entailed, but concluded that Fagan was “not grasping the concept (of a forensic interview).”

The Superior Court panel concluded that confusion on (Fagan’s) part did not render the admission by the judge of the Merritts interview to be prejudicial.”

The defense next challenged the trial judge’s decision to allow comments (from the forensic interview) in which the young girl asserted the abuse by Fagan caused her to feel suicidal.

Kagarise’s decision was, on that point, also upheld by the Superior Court panel.

The defense “simply argues that the evidence reflecting the victim’s suicidal ideations during the alleged period of abuse was irrelevant and thus its admission was prejudicial. We disagree that the evidence was irrelevant,” the Superior Court panel responded.

“It was directly relevant for purposes of the child endangerment charge because the evidence made it more probable that (Fagan) was aware (the child) was in circumstances that could threaten her welfare,” the panel concluded.

As to the final issue raised by the defense — the refusal of the court to continue the start of the trial due to a letter outlining additional charges against Fagan — the appeals court concluded, “at the time of the continuance request, (the defense) failed to state any specific reasons for the court to believe that any additional time for investigation would have changed his preparation for trial.”

The victim was 18 years old when she testified about her experience and when Fagan was sentenced on July 23, 2024.

Wiping away tears while addressing the court during sentencing, she said, “This case is living proof justice has been served.”

She said she hoped her case would encourage other victims of abuse to speak out.

Kagarise said the victim was very brave for eventually telling her story.