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Judge to rule on perjury charge
Mom said to make false assault claim in custody case
Intelligencer Journal
Published: Sep 16, 2008
00:34 EST
Lancaster
By BRETT HAMBRIGHT, Staff

A Lancaster County judge could rule today on whether a Leola woman committed felony perjury when she filed a police report against her son's father.

Prosecutors allege Wendy Flanders, 48, lied about being assaulted by the man during a custody exchange at the Lancaster city police station in November 2004.

At a 2005 custody hearing, Flanders testified, after being sworn in, that Bennett Vonderheide of Conestoga assaulted her in the station lobby.

According to Flanders' testimony at that hearing, Vonderheide grabbed her wrist, kicked her and "bumped chests" with her. He also verbally assaulted her, according to testimony.

Vonderheide, 49, and Flanders had a son in June 1998, and the two parties have been fighting over custody of the boy for several years.

Late Monday afternoon, after all evidence was presented, County Judge Howard F. Knisely said he will announce his ruling this morning as to whether Flanders lied under oath.

In addition to perjury, Flanders is charged with providing false reports to police and false swearing — both misdemeanors — and summary harassment.

The harassment charge is because Flanders allegedly filed exaggerated police reports, accusing Vonderheide of violating protection from abuse orders and custody agreements.

The case was heard only by Knisely; Flanders waived her right to a jury trial.

Defense lawyer Michael Marinaro represents Flanders. Assistant District Attorney Andrew Gonzalez is prosecuting the case.

Gonzalez built his case on police testimony and a video taken by a mounted surveillance camera in the station's lobby.

Although the motion-sensor camera's recording was choppy, the clip showed no clear evidence of Vonderheide kicking or grabbing the woman.

The two parties collide as Flanders stands up and walks, the video shows. Prosecutors argue that happened when Vonderheide simultaneously moved out of her path.

"The defendant initiated the whole contact," Gonzalez said.

Police officials and County Detective Jan Walters agreed. Also, a man who moderated the custody exchange, Wainwright Dawson, testified that he saw no physical assault while standing in the lobby near the parents.

Gonzalez argued it was one of several false reports filed by Flanders in a bid to catch Vonderheide in violation of custody agreements. Walters outlined at least five other reports filed by Flanders that were subsequently dismissed by investigators for lack of evidence.

In Flanders' defense, Marinaro disputed the surveillance video, calling it inaccurate.

"The video has many missing seconds," he argued. "The video is not clear and concise. It doesn't clearly show what took place."

Marinaro also claimed a desk clerk seated inside the lobby saw and heard the assault. The clerk told police she saw Vonderheide grab Flanders, and that she heard Flanders yell for assistance.

Eric McCrady, a city police officer assigned to oversee the custody exchange, contradicted the clerk's statements. He said he heard no loud voices and didn't see a physical assault. The exchange was so tame there was no need to fill out a report, McCrady testified.

Marinaro also argued that Flanders sustained a permanent brain injury during a car crash. The injury causes memory lapses which increase under stressful circumstances, according to testimony. Testifying at the 2005 custody hearing was a "stressor," Marinaro argued.

Gonzalez countered that Flanders was specifically asked at that hearing if the injury will prevent her from testifying accurately. Flanders answered that if she is given time to think over her answers, she could testify truthfully.

Gonzalez argued that Flanders was given that time.

"She had plenty of time to gather her thoughts and tell the truth," he said, "but she chose to lie."

E-mail: bhambright@lnpnews.com


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[quote name='JussyOzric' date='Sep 17 2008, 01:43 AM' post='438499']
does anyone know what Judge Knisely ruled?? what the outcome was?
I'll answer my own question! lol:

http://articles.lancasteronline.com/local/4/227445
JussyOzric
really RH, Ben has spent hundreds of thousands of dollars on a custody case? Is that what the firm Longo & Longo charge to represent a parent in a custody case? That's outrageous! Or could it be he spent alot of that paying a firm to help write the lawsuits against Calvary Church and some of its members hoping to hit the jackpot? All were thrown out due to no merit weren't they? I know one of those good people. Her ex husband confronted Ben asking why are you suing my ex, all she did was talk to Wendy on the phone?. Ben's response(paraphrase} If she wants to play, she's gotta pay! What kind of person would do something so evil. By the way Ron, I saw the video from the police station when it was first posted uncut. Before it was ordered taken down. A friend watched it with me and we both clearly saw a butt to the chest/shoulder area that was completely uncalled for and downright rude. Was that shown in the courtroom or was there an edited version? I don't agree with how the police responded. The removing of the child from Ben's care that night I think was or could be traumatizing to the child. But if that's by the book, then the anger and complaints should be directed at how the system works, not at the mother who was I suspect doing what she was told by the police!!! I agree with groundpounder, they both need to forgive all past real or percieved transgressions and PUT THE CHILD'S HAPPINESS FIRST!
stillkickin
Wowza where to start....

When you have dozens and dozens of false accusations that cause court actions you must fight - what do you do for a living? Better how can you work when you must be in court sometimes multiple times in a day? (after Wendy was convicted this week - Ben was in custody court 1/2 hour later!!!!!)

You lack of sympathy for the thousands and thousands and thousands of hours spent planning, studying, lawyering etc... shows you either are clueless, callous, or maybe both.

I have studied the frame by frame many times and you can clearly see Wendy moving TOWARD Ben and Ben moving AWAY from her. Of course the uncut video was show - you were looking to clear your liar Wendy or you would have seen the truth!!! Beside - Judge Workman ORDERED Wendy to STAY in the CAR - did she? Nah... how can you falsely accuse Ben if you stay in the car?

Do you know how many times that Calvary Church HELPED Wendy with her false accusations?!? The "pastoral" staff wrote and spoke and bad mouthed Ben to the DA and the police to aide and abet the now convicted liar. Remember that Calvary Councilor Kathy Yoder's husband Ted was convicted with Wendy for LYING about Ben. The video AGAIN saved Ben's bacon.

Ben was representing himself so its hardly a vindication that 9 lawyers could beat him! What about the Calvary Church MEMBER WENDY FLANDERS that was convicted of felony perjury?!?!? That's what you should focus on but you instead want to continue the slander/libel of the victim - Ben

I have spent a thousand hours or more investigating and have seen with my own eyes - as well as been a victim of Wendy's lies - so I know how wrong people have been!

For those that have ears (and eyes) to hear (and see!)

http://TheCourtOfPublicOpinion.com/

Tells it all!

rh
RonHarper
Who would Jesus lie about? NOT!

FYI - Here's the video that the Commonwealth used to convicted Calvary members Ted Yoder and Wendy Flanders!



RonHarper
I know Ted and Kathy Yoder no longer attend Calvary Church. What's that all about?
Has the church dropped trying to help her now? Does she still attend there?
Buddy
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