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A state appellate court last week dismissed felony sexual assault related charges against a Nanticoke man citing a hearsay testimony rule recently overturned by the state Supreme Court.
				The dismissal of seven child sex assault charges against Jayson S. Montanez, 34, doesn&rsquo;t mean he will be released from prison.
				Montanez, who resided in the 200 block of West Church Street when he was arrested in November 2014, is serving a state prison sentence of 18 months to three years imposed in March 2019 by Luzerne County President Judge Michael T. Vough after he admitted to <a href="https://www.timesleader.com/news/local/667655/667655" target="_blank" rel="noopener noreferrer">possessing child pornography on his cell </a><a href="https://www.timesleader.com/news/local/667655/667655" target="_blank" rel="noopener noreferrer">phone</a>, according to court records.
				Montanez is listed as a sexual offender on the state police Megan&rsquo;s Law website and will be required to register his address for 15 years when released from prison.
				Nanticoke police charged Montanez in November 2014 with two counts each of involuntary deviate sexual intercourse, aggravated indecent assault, indecent assault and a single count of corruption of minors alleging he abused a girl hundreds of times between 2012 and July 2014.
				Those charges were forwarded to county court following a preliminary hearing held Jan. 12, 2015, where prosecutors presented one witness, a caseworker from Luzerne County Children and Youth Services.
				Montanez appealed the child sex assault case claiming prosecutors relied on hearsay evidence at the preliminary hearing.
				At the time of Montanez&rsquo; appeal in 2016, which was denied, judges followed a Superior Court&rsquo;s 2015 ruling that was known as the &ldquo;Ricker Rule,&rdquo; which allowed hearsay testimony to establish cases at the preliminary hearing level.
				In July 2020, the state Supreme Court overturned the Ricker Rule giving the opinion that hearsay evidence is admissible so long as it is not the only evidence presented at the preliminary hearing.
				The state&rsquo;s highest appellate court permitted Montanez&rsquo;s appeal to go forward and advised the state Superior Court to review his appeal.
				&ldquo;As a result of this change in the law, on Sept. 9, 2020, the Supreme Court granted (Montanez) petition for allowance of appeal and remand this case for our consideration,&rdquo; the Superior Court ruled Nov. 10.
				The Superior Court opined, &ldquo;It is undisputed that (prosecutors) presented only hearsay evidence at (Montanez) preliminary hearing. (Prosecutors) failed to sustain its burden to establish all elements of all of the crimes charges for purposes of establishing prima facie case at the preliminary hearing. We, therefore, reverse the trial court&rsquo;s order&#8230;.and dismiss the charges against him.&rdquo;
				Prosecutors have the option to refile the child sexual assault charges against Montanez.

Child sexual assault charges dismissed against Nanticoke man