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<p>WILKES-BARRE &#8212; A caregiver&#8217;s reluctance to plead guilty to accusations he sexually assaulted a mute, mentally challenged woman at a Kingston care center prompted prosecutors Monday to set the stage for more charges.</p><p>Andrew Dula III, 54, of Shickshinny, is accused of assaulting a 36-year-old patient last year at Community Living, a home for patients with disabilities operated by the nonprofit Institute for Human Resources and Services.</p><p>Dula, who <a href="https://www.timesleader.com/news/local/524387/community-living-services-caregiver-charged-after-allegedly-sexually-assaulting-mentally-disabled-non-verbal-client" target="_blank">allegedly admitted to sexually assaulting the woman</a> in 2015 and 2016, appeared poised to plead guilty at a hearing last week, but reneged when called to the bench.</p><p>Now, prosecutors want the charges amended to include more counts.</p><p>A petition filed by prosecutors Monday in Luzerne County Court states they agreed in March 2016 to file one count of institutional sexual assault against Dula in exchange for his guilty plea. The agreement warned additional charges would be filed should Dula challenge his arrest.</p><p>But as Dula stood before a judge last week, defense attorney Al Flora Jr. disputed what prosecutors planned to state as the factual basis of his client&#8217;s plea. Flora argued prosecutors must first establish corpus delicti &#8212; &#8220;the body of the crime&#8221; &#8212; before including a defendant&#8217;s confession as part of the basis.</p><p>Assistant District Attorney Nancy Violi argued Flora was attempting to get the benefit of the bargain without entering it.</p><p>&#8220;The commonwealth will not do this,&#8221; she wrote in Monday&#8217;s filing. She asks a judge to enforce the previously agreed-upon plea and allow for Dula&#8217;s charges to be amended.</p><p>A judge is expected to issue a ruling on the matter at a later date.</p><style>
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<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2017/03/web1_dula-cmyk.jpg">
<div class="neCaption">Andrew Dula III is shown leaving court after a prior court apperance. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2017/03/web1_dula-cmyk.jpg</photo0><caption0>Andrew Dula III is shown leaving court after a prior court apperance. </caption0><photoCredit0>Times Leader file </photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Joe Dolinsky</p><p>jdolinsky@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL</p></shirttailMeta></div>

Caregiver refuses to plead in sex-assault case