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



