Superior court orders new trial for Plymouth man
May 16—WILKES-BARRE — The Pennsylvania Superior Court on Thursday vacated the rape and physical assault convictions of Edwin Colon and ordered a new trial in Luzerne County Court.
The appellate court's ruling in a 10-page opinion followed the recommendation of President Judge Michael T. Vough that Colon, 33, should be awarded a new trial.
At issue was a recorded interview Plymouth police conducted with the woman after she reported Colon sexually and physically assaulted her over two days inside a Plymouth residence in mid-August 2019.
When the woman opted not to testify against Colon during his non-jury trial before Vough, prosecutors relied upon the police recorded footage to support their case.
Only the appellate court found that the recorded interview was mistakenly admitted over the objection of Colon's trial lawyer, Daniel Hunter.
Vough convicted Colon on charges of rape, involuntary deviate sexual intercourse, sexual assault, simple assault and two counts of indecent assault. Colon was subsequently sentenced to 10 to 20 years in state prison but was released in August 2023, on bail as his appeal moved forward.
Colon's currently attorney, Mark. A. Hinrichs, tirelessly appealed the conviction in Superior Court resulting in Vough reversing his position recommending Colon receive a new trial as the recorded interview was mistakenly admitted during the non-jury trial.
The Superior Court in their opinion found Colon's trial attorney was prevented from challenging the woman's recorded statements as she opted not to testify.
"Without the recorded statement or any other testimony from the victim, there was no overwhelming evidence introduced at trial supporting the various charges," the appellate court ruled.
