Jan 20, 2014 6 min read

A Washington County judge who sentenced a convicted sex offender to serve 34 to 68 years in prison denied the man’s demand for a new trial.

Caleb Kenion “Tio” Ramey, 32, of Burgettstown, was arrested in 2011 after a 7-year-old orphaned girl staying with him and his family in West Brownsville over the summer of that year alleged first physical and then sexual abuse. Court documents describe Ramey as a “family friend” of the orphan.

The child’s claims first came to the attention of the Washington County Children and Youth Services agency when she said she did not want to stay with Ramey because he beat her with a belt if she disobeyed him or if she wet her bed. The CYS case was closed because any injuries inflicted did not require medical attention.

The orphan then told her former and then-current foster mother, a therapist and a social worker at UPMC-Mercy Hospital, Pittsburgh, that Ramey raped her. She said Ramey entered the bedroom where she was sleeping and took her to the bathroom, where she was assaulted on multiple nights. She described Ramey binding and gagging her with duct tape. At another location, the assault took place in a bedroom, she told authorities.

Former Judge Paul Pozonsky empaneled a jury to hear the case in May 2012. Ramey denied the charges, and he and his wife, Sabrema, testified that they found the girl and her brother watching pornographic videos at the home of the children’s grandparents. Mrs. Ramey testified that she reported the incident to both Washington and Fayette County CYS agencies, who instructed her not to involve the police. Three caseworkers, however, testified to the contrary at the trial and said they were unaware of the allegation of the children’s exposure to pornography.

Ramey’s wife also testified that the girl asked to stay overnight at their home, and that she never noticed any marks left by duct tape either in the bathroom or on the child.

In what turned out to be one of the last trials, if not the last, over which Pozonsky presided, the jury returned guilty verdicts on charges of rape of a child, involuntary deviate sexual intercourse with a child, aggravated indecent assault of a child, indecent assault of a person under age 13, indecent exposure, endangering the welfare of a child, recklessly endangering another person, unlawful restraint, false imprisonment and making terroristic threats.

Pozonsky retired from his judgeship under a cloud in the waning days of June 2012 and now faces charges of wrongdoing while in office. Ramey’s case was assigned to Judge John DiSalle for sentencing. In conjunction with the cumulative sentence of 34 to 68 years’ imprisonment he handed down in November 2012, DiSalle ordered Ramey to submit to perpetrator counseling and complete treatment; to be assessed as a sexual offender and to be treated accordingly; that he comply with all terms and conditions of Megan’s Law as a lifetime registrant; that he submit a sample of his DNA; and that he have no contact with the victim nor any child under age 18 while supervised on probation following his incarceration. At the time, DiSalle said Ramey showed no remorse nor took responsibility for his actions.

At the hearing, Ramey, the father of four, blamed others, including the girl and what he called the “coddling government.”

Ramey was represented at trial by private counsel, but after he appealed his conviction and sentencing to state Superior Court, Public Defender Glenn Alterio took the case. He raised 10 points for appeal, claiming Pozonsky erred in denying Ramey’s motion to review all of the Fayette County CYS records; in allowing prejudiced jurors to remain on the case; and in scheduling the trial when a psychologist who had interviewed the accuser was away on vacation. Alterio also claimed Assistant District Attorney Traci McDonald did not present sufficient evidence to sustain the convictions, and that DiSalle imposed a sentence that was too harsh.

In a 45-page opinion, DiSalle first justified his participation in the case. “Ordinarily, both parties to a criminal proceeding are entitled to have the same judge preside over the receipt of evidence and sentencing,” the opinion stated, and cited case law that holds a substitution of judges should take place only out of necessity.

As to the divulging of Fayette County CYS records, DiSalle noted that Pozonsky reviewed the confidential file and then selected relevant documents that contained potentially exculpatory evidence for defense counsel to review. Defense attorney Keith Owen Campbell was given four pages from the record in question, and questioned the victim in open court. DiSalle cited case law that allows the trial court to do so.

During jury selection, one potential juror expressed suspicion that police had mishandled a case involving his son. The prosecution did not asked that the juror be dismissed, and the juror said he could be fair and impartial in the Ramey case. DiSalle also quoted a case that stated, “prospective jurors were not cultivated in hermetically-sealed environments free of all beliefs, conceptions and views.”

In the opinion, DiSalle noted that the defense did not request a postponement of the trial because the psychologist was unavailable, nor did it lodge an objection in the record.

As to the alleged insufficiency of evidence, DiSalle wrote, “The defendant, as well as his wife, testified and attempted to contradict the victim’s testimony that (Ramey) assaulted her. No other evidence was offered by the defense that would directly negate the act of intercourse and the other sexual acts charged. Additionally, there is no indication the evidence at issue would show bias, motive or hostility by the victim toward (Ramey) that would demonstrate her intention to fabricate claims or reflect on her credibility.” Asked why the child might have made the allegations, Ramey replied at his trial, “I have no idea.”

The judge concluded, “The trial court submits that the verdict was supported by the weight of evidence,” and enumerated aggravating circumstances, such as a victim who was just 7 years old; that Ramey held a position of trust with the child, and that he was her caregiver; that the victim considered Ramey to be like an uncle; and that Ramey blamed everyone but himself.

“The court’s sentence was reasonable and not the result of any prejudice, bias or ill will,” DiSalle concluded and asked the appellate court to uphold both the jury’s verdict and the sentence.

Ramey is an inmate at SCI-Fayette.