Two surviving biological children and a stepchild can testify next month against a Delmont woman charged with the death of her 5-year-old adopted son.
Jury selection in the trial for Lauren Maloberti, 36, is scheduled to begin May 4 in connection to allegations she tortured, intentionally injured and failed to get her son prompt medical attention in early 2023. Westmoreland County prosecutors contend Maloberti and her husband, Jacob, caused the injuries that led to the February death of Landon Maloberti.
Both Lauren and Jacob Maloberti, 36, were charged with first-degree murder, conspiracy and related offenses in connection with the child’s death three weeks after he was hospitalized. Jacob Maloberti is cooperating with prosecutors and is expected to testify against his wife, his lawyer said Monday.
Prosecutors contend that when hospitalized, the child had dozens of bruises on his head, face, arms, legs, back and abdomen, multiple lacerations and massive brain bleeding and swelling. In prior court proceedings, Lauren Maloberti, through defense attorney Adam Gorzelsky, denied causing the injuries and suggested they were potentially the result of an accident or a fall.
Common Pleas Judge Scott Mears on Monday ruled Lauren Maloberti’s two daughters from a previous marriage, ages 14 and 11, and her husband’s 10-year-old biological son can testify for the prosecution about the living conditions in the family’s Delmont home and the physical and emotional abuses inflicted on their brother.
Prosecutors contend one child witnessed Lauren Maloberti hit his brother with a pan. 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.
Lauren Maloberti’s daughters gave statements about abuses they claim Landon suffered in the family home, according to court records.
In addition to the children’s testimony, the judge also ruled school officials, other relatives, a child forensic interviewer and detectives can testify about statements made by the surviving children.
Mears and lawyers for the prosecution and Lauren Maloberti met in private earlier this month with all three children to determine if they are competent to serve as witnesses during the trial.
The hearing was based on a state law that requires judge to make determinations as to the competency of children 14 or younger to testify in criminal court cases.
“One of the most difficult circumstances is where there is a child who is a victim or a witness. It can be extremely difficult for a child to come into a courtroom, a strange place with strangers, and talk about these things,” said Bruce Antkowiak, a law professor at Saint Vincent College near Latrobe.
Antkowiak said the law is designed to determine whether children are able to handle the court setting while balancing the requirement that criminal defendants can confront key witnesses.
“If the child has real difficulty, you want to call someone (to testify) to say what they said to get this information from the child,” Antkowiak said.
Mears’ ruling allows for the testimony of the children and witnesses to whom they gave statements. Those statements could be limited based on claims of relevancy, unfair prejudice, improper bolstering of the child witnesses, repetitiveness of testimony and other legal concerns, the judge said.
Gorzelsky during a hearing this month sought to limit prosecutors to present testimony from either the children or other supporting witnesses.