A central Pennsylvania judge has dismissed three aggravated assault charges against a death row inmate accused of sucker-punching his attorney in court last spring.
The (Altoona) Mirror reports that Blair County Judge Jolene Kopriva ruled Wednesday in the May 13 incident involving 46-year-old inmate Andre Staton.
She cited a state Supreme Court ruling that even a punch to the head must cause bodily injury or be delivered with that intent for prosecutors to charge aggravated assault.
Court-appointed defense attorney Timothy Burns has sued officials, saying they should have done more to prevent any attack by the handcuffed prisoner.
Burns said he was knocked out and dealt with post-concussion issues but those weren't severe enough ot meet legal standards according to the judge.
"There is no evidence that attorney Burns suffered any facial fractures, bleeding or permanent disfigurement, nor endured a prolonged stay in the hospital," said Kopriva.
Staton is appealing his conviction in the 2004 stabbing death of his girlfriend, Beverly Yohn, of Altoona. He was reportedly upset because a judge declined to recuse herself or let him represent himself.
