PCRA Court Grants New Trial for Attorney Goldstein’s Client in Cumberland County Sexual Assault Case Due to Trial Counsel’s Failure to Call Character Witnesses

Criminal Defense Lawyer Zak T. Goldstein, Esquire

Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire, of Goldstein Mehta LLC recently won a new trial for a client in the case of Commonwealth v. J.R. In an opinion and order issued on June 9, 2026, the Cumberland County Court of Common Pleas granted J.R.’s Post-Conviction Relief Act petition, finding that trial counsel provided the ineffective assistance of counsel by failing to call character witnesses at J.R.’s trial on sexual assault charges. The court ordered a new trial and set unsecured bail, clearing the way for J.R.’s release after he had served nearly two years in state prison.

Commonwealth v. J.R.: The Allegations and the Trial

The case arose from a night out in March 2023. J.R. and three co-workers went out drinking after their shifts ended at the restaurant where they worked. At the end of the night, one co-worker drove the group home in his small two-door car. A second co-worker rode in the front passenger seat, while J.R. and the complainant sat in the back seat. The complainant became heavily intoxicated over the course of the evening and later alleged that J.R. forced the complainant to engage in sexual contact, including oral sex, during the drive. The front seat passenger testified that she heard the complainant say “help me” and turned to see J.R. holding the complainant’s hand against him. The driver testified that he did not observe any sexual contact. After J.R. was dropped off, the complainant disclosed the alleged assault to the two other co-workers, and they went to the police the following morning.

J.R. was arrested and proceeded to a jury trial in May 2024. He took the stand in his own defense and admitted that sexual contact occurred, but he testified that it was entirely consensual. The jury found him guilty of involuntary deviate sexual intercourse, sexual assault, and related offenses, and the trial court sentenced him to four and a half to nine years’ incarceration. The Superior Court affirmed the judgment of sentence on direct appeal in December 2025.

The PCRA Petition

J.R. retained Attorney Goldstein, who filed a timely Post-Conviction Relief Act petition on his behalf. The petition raised two claims of ineffective assistance of counsel: first, that trial counsel failed to impeach the driver, a Commonwealth witness, with his extensive history of crimen falsi convictions, and second, that trial counsel failed to call character witnesses on J.R.’s behalf even though several witnesses were available and willing to testify to his reputation for peacefulness and non-violence. The court held an evidentiary hearing in May 2026 at which trial counsel testified.

To win a new trial based on the ineffective assistance of counsel, a PCRA petitioner must prove that the underlying claim has arguable merit, that counsel had no reasonable strategic basis for the act or omission, and that counsel’s error prejudiced the petitioner, meaning there is a reasonable probability that the outcome of the trial would have been different. Under the Pennsylvania Supreme Court’s decision in Commonwealth v. Sneed, where the claim involves the failure to call a witness, the petitioner must also show that the witness existed, that the witness was available and willing to testify for the defense, and that counsel knew of or should have known of the witness.

The Court’s Ruling: Character Witnesses Were Critical in a He Said/She Said Case

At the hearing, it was uncontested that character witnesses existed, that they were available and willing to testify for the defense, and that trial counsel knew about them. Trial counsel testified that he chose not to call them because he did not want to distract the jury from his trial strategy, which was to argue that it would have been impossible for J.R. to sexually assault the complainant in the back seat of a small, moving car. He also acknowledged that he never consulted with J.R. about the decision.

The PCRA court rejected that explanation. As the court observed, the defense actually presented at trial was not impossibility. J.R. testified that the sexual contact was consensual, which made the trial a classic he said/she said credibility contest between J.R. and the complainant. Trial counsel himself recognized that the verdict would turn on the jury’s assessment of those two witnesses, yet he neither consulted his client about ways to bolster his credibility nor called any of the available character witnesses who could have done so. Calling character witnesses could not have undermined the defense theory because the defense theory hinged entirely on J.R.’s credibility.

Pennsylvania law treats character evidence as substantive evidence, not a mere formality. Evidence of a defendant’s good reputation may, by itself, create a reasonable doubt and require a verdict of not guilty. The principle carries particular weight in sexual assault cases. As the Pennsylvania Supreme Court explained in Commonwealth v. Weiss, in a case “where there are only two direct witnesses involved, credibility of the witnesses is of paramount importance, and character evidence is critical to the jury’s determination of credibility.” Relying on Weiss and the Superior Court’s recent decision in Commonwealth v. Alceus, the court concluded that trial counsel had no reasonable basis for failing to call character witnesses and that J.R. suffered prejudice as a result.

The court denied the separate claim concerning the impeachment of the driver. Although it agreed that the claim had arguable merit because trial counsel knew about the crimen falsi convictions and chose not to use them, the court found that counsel had a reasonable strategic basis for that decision and that no prejudice resulted. The driver did not witness the alleged assault, and his testimony was cumulative of the testimony of the other Commonwealth witnesses. The new trial was therefore granted on the character witness claim.

The Result

The court granted the PCRA petition and ordered a new trial. Because J.R. had previously posted $250,000 bail and had already served approximately twenty-two months of his fifty-four month minimum sentence, the court set bail at $250,000 unsecured pending the retrial, with the condition that he have no contact with the complainant. That ruling allows J.R. to be released from state prison while the case is pending.

This decision highlights the critical role that character evidence plays in Pennsylvania criminal trials. In a sexual assault case that comes down to the word of the complainant against the word of the defendant, evidence of the defendant’s reputation for peacefulness and non-violence may be the only corroboration the defense can offer, and the law recognizes that it may by itself create a reasonable doubt. Trial counsel must investigate potential character witnesses, consult with the client about whether to call them, and have a real strategic reason before leaving that evidence on the table. When counsel fails to do so, the PCRA may provide a path to a new trial.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Criminal Defense Lawyer Zak T. Goldstein, Esquire

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.