After delays, Erie assault case thrown out as judge criticizes another

Erie County Judge Daniel Brabender said the remark made in the courtroom about the presiding judge, Judge Joseph M. Walsh III, was “ironic,” but Brabender still questions the number of judicial files entered in the criminal court roll.

Joe A. Bellotti, 42, was accused of assaulting his neighbor by hitting him with his car after an argument in October 2023.
Erie County Judge Daniel Brabender dismissed the charges against Bellotti after agreeing with the defense that the district attorney’s office violated Bellotti’s right to a speedy trial.
After the prosecution cited “judicial unavailability” as the reason for the delay, Brabender criticized the court for having only three judges to handle criminal cases.

A little over a year ago, a 42-year-old Erie resident was accused of assaulting his neighbor by hitting him with a muscle car and injuring his knee while they were arguing in the 2600 block of Wayne Street.

The case is no longer going to trial and may never go before a jury.

A judge dismissed the charges in an unusual way and with unusual remarks.

In a rare ruling, Erie County Judge Daniel Brabender dismissed all charges, including two counts of aggravated assault, against the defendant, Joe A. Bellotti.

And Brabender criticized Erie County’s top judge for it.

Brabender said the district attorney’s office violated Bellotti’s right to a speedy trial by waiting more than 365 days to bring him to justice after Erie police charged him on Oct. 27, 2023.

One of the prosecution’s main arguments was that it was prepared to bring the case to trial on October 9, but was unable to do so due to an unforeseen “judicial unavailability.”

The prosecution said Brabender was presiding over another trial that day and the two other judges hearing criminal cases in the nine-member Erie County Court of Common Pleas were also unavailable – David Ridge and John J. Mead.

At the request of the prosecution, Brabender postponed the trial from October 9 to the November session. Bellotti’s lawyer, Charbel Latouf, said the November warrant would be too late. He asked Brabender to dismiss the case.

Judge says more colleagues should handle criminal cases

Brabender held a hearing on the revocation request on November 21. He said the fact that only three judges handling criminal cases concerned him.

“Maybe someone could wake up the presiding judge,” Brabender said in court.

In a rare criticism of a fellow jurist, Brabender was referring to Erie County President Judge Joseph M. Walsh III. His peers on the local bench elected him in December 2020 to a five-year term as Erie County’s chief judge. Walsh performs administrative tasks for the judges.

After the Nov. 21 hearing, Brabender told the Erie Times-News that his comment about the presiding judge waking up was “ironic.”

But he added that he continues to believe the local judiciary needs “another judge in the trial division,” for both criminal and civil cases.

In Allegheny County, Brabender said, 24 judges handle criminal and civil cases, 17 handle family court cases and four are assigned to orphans court, which handles probate, adoptions and guardianships.

“Here we have 3 for criminal and civil cases (trial division) and 6 for family and orphans (family division),” Brabender said in a text message. “It’s not right when charges are dismissed because a judge was not available for a jury trial within the 365-day window.”

Brabender dismissed the charges against Bellotti on November 27. He did not issue a written opinion.

Walsh had no comment on Brabender’s remarks, said Bob Catalde, the administrator of the Erie County Court of Common Pleas.

Prosecutor says trial should go ahead

The prosecution wants the proceedings against Bellotti to resume.

On Friday, First Assistant District Attorney Jessica Reger filed a motion asking Brabender to reconsider dismissing all charges — a decision Brabender made under what is known as Rule 600, the trial rule fast from Pennsylvania.

Reger argued in the motion that the prosecution committed no misconduct in its handling of the case and that a number of factors led to the trial being postponed until October 9. One reason, according to the motion, was that a prosecution witness was unavailable.

Reger cited a lack of available judges as the reason the case could not go to trial on October 9. She said Brabender should not have decided the prosecution was responsible for the delay — a finding that pushed the case past the 365-day limit.

“Although discussed in a different context, that of the COVID-19 pandemic, the Superior Court has held that when the Commonwealth cannot bring a case to trial due to judicial unavailability, that time is not attributable to the Commonwealth under Rule 600,” Reger said. said in the motion.

Latouf argued that the prosecution could have brought the case to trial before October 9. By failing to bring the case to trial sooner, “the Commonwealth failed to act with due diligence,” Latouf said in his motion to dismiss the case.

Brabender has not yet ruled on the reconsideration request. The defense or the prosecution could appeal its decision to the Superior Court.

Motorist accused of driving Buick Regal into neighbor’s house

Belotti was charged with aggravated assault as a first-degree felony, aggravated assault as a second-degree felony, simple assault as a second-degree misdemeanor, and reckless driving as a misdemeanor summary.

He was arrested on Oct. 27, 2023. He was held in the Erie County Jail until a bail bondsman posted $25,000 bond on Oct. 30, 2023, according to court records. He pleaded not guilty.

Bellotti is accused of ramming his car into his neighbor, Jon Harris, 56, while Harris was in the street around 1:20 p.m. on Oct. 25, 2023, according to court records. Bellotti lives at 2634 Wayne Street. Harris lives across the street at 2633 Wayne St.

The two men were at constant odds, Latouf said in an interview.

“They don’t like each other,” he said.

On the day of the incident, Latouf said, Harris and Bellotti were in some sort of argument over whether Bellotti was lighting Harris’ house, an allegation Latouf said Harris denied.

As Harris and Bellotti argued, Bellotti pulled his muscle car out of his driveway with the front of the car facing the street, Latouf said. He said Bellotti “underestimated” the strength of the car – a 1986 Buick Regal coupe – because Harris was nearby.

“The rear end fishtailed and cut him,” Latouf said.

He said Bellotti did not intend to hit Harris.

“It was clearly accidental,” he said.

He also alleged that Harris threatened to fight Bellotti before he was struck, and that Harris was partly responsible for “causing his own injuries.”

The prosecution argues that Bellotti intended to meet with Harris. Surveillance video captured the incident and is expected to be a key part of the prosecution’s case.

Incident leads to prosecution and questions in criminal court

The incident gave rise to further litigation.

Harris sued Bellotti in Erie County Common Pleas Court in December 2023. The suit claimed the impact of Bellotti’s car tore Harris’ ACL, among other injuries.

The suit claimed Bellotti was negligent when he drove the Buick Regal out of his driveway and made a sharp right turn in front of Harris. The left rear of the car struck Harris, “throwing him to the sidewalk,” according to the suit.

The civil case was settled in April. The terms were not disclosed in court records.

For now, no jury will have the opportunity to hear the prosecution and defense defend their positions in criminal court. The charges in Commonwealth v. Joe A. Bellotti are listed as dismissed in court records.

At the Nov. 21 dismissal hearing, while hearing arguments about the judges’ availability, Brabender said he would seriously consider the defense’s allegation that there was a Rule 600 violation.

“It’s a protection for the accused,” Brabender said, “that he has the right to a speedy trial.”

Contact [email protected] or 814-870-1813. Follow him on @ETNpalattella.