Statements that a Hempfield woman made — and later recanted — to police and medical personnel that she was raped last year cannot be used against the man she initially accused, a judge ruled on Thursday.

Common Pleas Court Judge Timothy Krieger also said prosecutors will not be able to introduce evidence of alleged prior bad acts as part of their case against Harold M. Franks.

The 36-year-old Hempfield man is charged with rape and other offenses in connection with an alleged sexual assault in October 2017.

Prosecutors said charges were filed after a woman appeared at a local police station, naked, bruised and bloody, and claimed Franks had raped her following a violent confrontation. The Tribune-Review does not identify alleged victims in cases of alleged sexual assaults.

The woman contended she and Franks argued and that he assaulted her, dragged her into a bedroom and forced her to perform a sex act before he committed rape. She later claimed she was drunk, was never raped or assaulted by Franks and that the sexual activity was consensual.

Despite the woman’s refusal to testify, prosecutors sought to continue the case through the use of her statements to police and medical staff who treated her injuries.

Krieger said those statements were not admissible. He also ruled evidence that Franks had previously committed other violent acts cannot be introduced at trial.

Assistant District Attorney Barbara Jollie said she will appeal the judge’s ruling.

“This substantially handicaps the prosecution,” Jollie said.

Meanwhile, a separate case stemming from an incident last June in which police charged Franks with attempted strangulation, simple assault and other offenses for an alleged attack against the same woman is still pending.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293 or rcholodofsky@tribweb.com.

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