Ex-band director seeks new trial or reduced sentence

WILKES-BARRE — Former Pittston Area band director Brendan J. Carter is seeking a new trial or a reduction of his lengthy prison sentence imposed after a Luzerne County jury convicted him of sexually assaulting nine teenagers.

Carter, 31, was sentenced June 3 by Luzerne County Judge Joseph F. Sklarosky Jr. to seven-to-14 years in state prison and deemed him a violent sexual predator, which mandates lifetime registration of his address, employment and vehicle with authorities under the state’s Megan’s Law.

Carter is currently housed at the State Correctional Institution at Smithfield in central Pennsylvania.

Carter’s attorney, Andrew J. Katsock III, recently filed a post-sentence motion seeking a new trial or a lower sentence.

Sklarosky scheduled a hearing on Katsock’s requests for Sept. 2.

Katsock gave several reasons for a new trial and a reduction in sentence.

• Request to continue Carter’s trial was denied preventing defense experts to examine Carter’s Apple iPhone, which contained exculpatory evidence. Katsock claimed Carter’s cell phone was in possession of prosecutors.

• Minors who testified were rendered incompetent and were corrupted with coercive interview techniques.

• Carter was not properly advised of his constitutional rights and did not waive his right to an attorney when arrested.

• Evidence recovered from Carter’s iPhone was seized without a search warrant.

• Court erred in not allowing jurors to view a school bus where Katsock claimed the alleged offenses took place.

• Court mistakenly permitted prosecutors to use text messages, electronic evidence, photographs during trial.

• A seven-to-14 year state prison sentence was at the high end of sentencing guidelines and not necessary.

• Court erred in accepting the state’s Sexual Offenders Assessment Board’s opinion that Carter met the criteria of a violent sexual predator.

Carter was arrested by county detectives in October 2018 on allegations he sexually assaulted and played sexual games with students in the school’s band room or during private music lessons.

Assistant District Attorney Nancy Violi, who prosecuted Carter, said there were nine victims between the ages of 13 and 17.

Violi has not responded to Katsock’s request for a new trial or a reduction of Carter’s sentence.