VENANGO CO., Pa (EYT) — According to Emily Layman, the pro se defendant in a child endangerment case, the Venango County District Attorney’s Office has delivered the discovery materials that were requested in October.

Layman’s case has caught the public’s attention since charges were filed against her in May 2022.

President Judge Marie T. Veon continued a January 24th Plea Court hearing until February 21 after learning from the defendant that she still hadn’t seen the prosecution’s discovery materials.

“(Judge Veon) said, ‘Well, we can’t continue this. We can’t do this without you having received your discovery packet,’” Layman said.

Two witnesses who have asked to remain anonymous but were in court for the hearing have confirmed Layman’s story to exploreVenango.com. Multiple calls for comment to Assistant District Attorney Justin Fleeger, who is prosecuting the case and is running for Judge of the Court of Common Pleas, went unanswered.

“After the prosecution was made aware of this error, the judge allowed them time to fix their mistake,” Layman told exploreVenango.com. “The documents were overnighted to me and received on January 26. I will be reviewing them.”

Background on the Case

According to a criminal complaint filed on May 4, 2022, in Magisterial District Judge Matthew T. Kirtland’s office, the City of Franklin Police Department received a CYS 104 Form on November 23, 2021, regarding a three-week-old child who was at a Pittsburgh hospital with numerous physical injuries that were suspicious in nature.

According to the complaint, the three-week-old child was presented to a Pittsburgh hospital on November 22, 2021, due to vomiting blood. The child was found to allegedly have bruises on the shins and upper back. The affiant–a detective of Franklin Police Department–noted these injuries are concerning for physical abuse due to patterned-injury bruises in a non-mobile child. It was noted that the injuries allegedly caused substantial pain.

The following conditions were allegedly stated: male extreme fussiness since birth; fussy and vomiting at baseline; fussier and vomiting blood since Saturday, November 20, 2021 (two days). The exam listed the patient as “well…except bruising.”

The preliminary read from the x-ray listed possible right rib fracture (healing) and left metaphyseal femur fracture–pending final read and medical workup. Per the parents, the patient was born with bruises. Per the parents, their primary care physician had previously examined the patient for bruises. The bruises on the patient’s back, per the parents, the child’s brother may have thrown a toy, and it hit the child, according to the complaint.

According to the complaint, the following charges were brought against both Cain Layman and Emily Layman:

Endangering Welfare of Children – Parent/Guardian/Other Commits Offense, Felony 1 (two counts)
Aggravated Assault – Victim Less Than 6 and Defendant 18 or older, Felony 2 (two counts)
Simple Assault, Misdemeanor 1 (two counts)
Recklessly Endangering Another Person, Misdemeanor 2 (two counts)

Charges Against Cain Layman Dropped

Charges against Cain Layman were withdrawn during a preliminary hearing on July 28, 2022, following testimony from two witnesses.

The first witness, Dr. Matthew Valente, MD, gave expert testimony on the medical findings regarding the possible abuse of the three-week-old child. Dr. Valente, a pediatric doctor at UPMC Children’s Hospital of Pittsburgh and member of the National Children’s Advocacy Center, described how the injuries were found on the child through multiple X-rays and MRIs. Dr. Valente told the court of his lengthy history involving suspected child abuse cases and related that the injuries found on Layman’s child were “diagnostic of physical abuse” beyond a reasonable degree of certainty.

The defense challenged Dr. Valente on many topics, including his lack of knowledge concerning blood disorders that the parents and other expert witnesses claim the child has.

The second witness brought forth by the prosecution was Charles Albaugh, Venango County Children & Youth Services case worker. Albaugh testified of his dealings with both Emily Layman and Cain Layman in the early stages of the investigation. Albaugh’s report of suspected child abuse (CYS 104 Form) was entered as evidence by the prosecution, and his testimony revolved around that report.

Following the hearing, Emily Layman told exploreVenango.com, “I think honestly they’re grasping at straws at this point.

“(The prosecution) has no solid evidence to hold onto. They dropped the charges against (Cain Layman) because they don’t have anything on him, but they’re holding onto stereotypical things.”

Lesser Charges Offered to Emily Layman

According to Layman, the District Attorney’s Office offered her a plea deal in October 2022. If she pleaded guilty to one count of Endangering the Welfare of a Child Less Than 6 years Old, a 2nd degree felony, enrolled in parenting classes, obtained a mental health assessment, and engaged in counseling/mental health services, the Commonwealth would drop the original charges and would not object to a nine to 16 month house arrest.

Layman agreed to the deal and began completing its terms. Last week, she finished her parenting classes.

“Literally the only reason I took the plea is because I can’t afford the fight. I just can’t do it,” she said. “We do not qualify for a public defender because we make too much money. We’ve applied twice and have been denied.”

Layman says if her case were to go to trial, she has been told it would likely last 15 days. The longer the trial, the more expensive it would become for the young couple. She said she learned this week that a second degree felony in the State of Pennsylvania could come with a fine of “not less than $5,000.00 nor more than $25,000.00,” meaning the plea could end up almost as expensive as a trial.