Motion To Dismiss Filed In Monongahela Kidnap Case

The Public Defender representing Nikolaus Breland, 34 of Monongahela against charges of false imprisonment, sexual assault and promotion of prostitution filed a motion to dismiss the case on Tuesday. The case centers on a November 2022 incident where a woman texted Washington County 9-1-1 that she was being held against her will and asked authorities to come and help her in a home on Main Street in Monongahela. The motion centered on accusations that the District Attorney did not properly disclose evidence to the defense with regards to a cell phone that was taken from the defendant during his arrest. The defense attorney argued that when they went to inspect the evidence, a cell phone and door key were present and not listed on an evidence ledger authored by the Pennsylvania State Police. The phone and key were taken by Monongahela Police when Breland was arrested and listed in a register authored by them that disclosed both sets of evidence. Prosecutors said they were unaware of the phone until it was disclosed by the defense. The defense argues that the case should be dismissed because the defendant was denied his right to a speedy trial because the phone was not properly disclosed, and even though prosecutors said they were ready for trial, they couldn’t be ready without examining the phone thus they were holding Breland beyond the time to begin trial. The defense said that examining the phone is vital to the case because the entire reason that the case began is from a text message from the victim to authorities asking to be rescued. The defense accused prosecutors of not performing their due diligence in gathering all pertinent evidence specifically the cell phone. The judge hearing the case will make a ruling via written order in the near future. Additionally, Breland will face a preliminary hearing on June 12 on charges of witness intimidation and other charges related to the case.