Whether two daughters and a stepson will be required to testify against their mother in her upcoming murder trial is now in the hands of a Westmoreland County judge.
At issue is whether the three children are competent to testify against Lauren Maloberti, 36, or if the court will allow their previous statements to investigators to be used in their place. Maloberti is charged with the 2023 killing of her adopted 5-year-old son, Landon.
Prosecutors contend Maloberti and her husband, Jacob Maloberti, 36, tortured and killed the boy. Authorities said Landon was hospitalized in late January 2023 and died about three weeks later from injuries inflicted by his parents.
The couple faces charges of first-degree murder and related offenses. Prosecutors allege they physically and emotionally abused the child and failed to seek immediate medical attention for his injuries. Jacob Maloberti, who has blamed his wife for the boy’s death, is expected to testify for the prosecution during Lauren Maloberti’s trial in May.
Prosecutors are seeking to use statements made to police and child advocates by Jacob Maloberti’s 10-year-old biological son and Lauren Maloberti’s two daughters, ages 14 and 11, in lieu of live testimony.
The 10-year-old boy’s mother and Jacob Maloberti’s former wife, Kimberly Maloberti, told prosecutors her son witnessed Lauren Maloberti strike his brother with a pan. Testifying Thursday, Kimberly Maloberti said her son remains traumatized and scared of his stepmother.
“He would go back to having nightmares. I don’t think he can communicate to a jury,” she said.
Court records indicate the boy told investigators Lauren Maloberti was routinely angered by Landon’s behavior, sprayed him with a water bottle, forced him to sleep on a bean bag chair and slammed him to the ground.
Westmoreland County Detective Jenna Derco testified she reinterviewed the boy in late March. She described him as an articulate child who could recall the events leading to his brother’s death.
Lauren Maloberti’s two biological daughters from a prior marriage also gave statements about abuses they claim Landon suffered in the family home during visits with their mother, according to court records.
The daughters’ biological father, Shawn Dillon, also testified Thursday. He was married to Lauren Maloberti for a decade before their 2019 divorce. Dillon told the judge his daughters would suffer emotional distress if called to the stand.
“I’d prefer they don’t testify,” Dillon said.
Common Pleas Judge Tim Mears, along with prosecutors and defense attorney Adam Gorzelsky, met privately with the three children to gauge their competency to testify in open court before a jury.
During prior proceedings, witnesses testified that Landon suffered dozens of bruises, was deprived of nutrition and was forced to drink from a toilet. Doctors testified the boy was humiliated and isolated from neighbors and school.
If the children are barred from testifying, prosecutors want Mears to allow child advocates, family members and school counselors to testify about the contents of the children’s statements they gave following their brother’s death.
Mears said he will rule on the request before jury selection. The trial is scheduled to begin May 4.