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For second time victim fails to show for trial; defendant has charges dropped

For the second time a Coaldale man had criminal charges against him dropped when the victim failed to show for his trial.

Christopher M. Lower, 40, formerly of Lansford, was scheduled to go on trial Monday in Carbon County court on charges of intimidation of witness/victim and terroristic threats. But the trial never happened because the victim, then his wife, failed to appear, despite several attempts by the district attorney’s office notifying her of the time and place of the trial.

Lower was scheduled go to on trial in April 2019 with the same victim failing to show for the trial. In that case he was charged by Nesquehoning police with simple assault, harassment by physical contact, and harassment by lewd and threatening language.

When it came time for the trial to begin at 9 a.m., the victim didn’t appear and defense attorney Paul J. Levy of the public defender’s office made a motion to have the charged dismissed.

Presiding Judge Joseph J. Matika granted the motion and dismissed the charges.

On Monday after the panel was picked and presiding Judge Steven R. Serfass consulted with the prosecutor, District Attorney Michael S. Greek, and Levy, the trial was ready to go. But again no victim and again Levy motioning to dismiss.

Lower was charged by Nesquehoning police for an incident on Sept. 29, 2017.

In the prior trial situation the victim eventually showed up at the courthouse, but long after the jury had been dismissed and sent home.

The case was the eighth and final criminal matter involving Lower as a defendant. He has no more pending cases in Carbon County.