EVANS CITY — Charges against a Beaver County man accused of sexually assaulting a girl in a Callery home were dismissed after defense argued he was not formally identified during testimony at a preliminary hearing Wednesday, June 12.

Though the 13-year-old girl identified Milton A. Elder, 49, several times by name, defense attorney Marc Taiani said his client was not directly pointed out during questioning.

“The most important part is identifying the alleged perpetrator,” he said.

Elder was charged by state police with felonies indecent assault, corruption of minors and child endangerment in April after a ChildLine report was filed in November of last year.

According to documents, the report indicated Elder touched the girl inappropriately about 10 times, starting when she was 8 or 9 years old. The girl is now 13.

During her testimony, the girl said she would visit Elder’s previous home in Callery several times a year.

She recalled Elder would inappropriately touch her over her clothes, and that most of the assaults took place on the living room couch.

“He would get closer to me and start putting his hands on me,” she said. “When I’d get up, he pulled me back down ... I didn’t really say anything. I just let it happen.”

The girl was emotional describing the incidents, saying the assaults continued when Elder moved to Beaver County.

During one assault, which took place on a summer night when she was 8 years old, the girl said Elder touched her inappropriately under her clothes.

Following testimony, Taiani moved for a dismissal of the charges, saying Elder was not identified specifically as being in the courtroom and seated next to counsel. Because of this, he said the commonwealth had not met their burden.

He also objected to assistant district attorney JP Kulzer calling the girl back into the room for formal identification.

“He rested; they don’t get a second bite of the apple,” he said.

District Judge Amy Marcinkiewicz moved for a five minute recess so both the prosecution, defense and herself could research case law related to the situation.

When they returned, Marcinkiewicz said she used the recess to consult with four other judges on the matter. She ruled to dismiss the charges, but encouraged the investigating trooper to refile the charges.