Preteen girl testifies during preliminary hearing for New Kensington man accused of raping her

A New Kensington man will remain in jail as he awaits trial on charges of sexually assaulting and raping a preteen girl two years ago.

District Judge Frank J. Pallone Jr. held for trial Thomas Lee Burruss, 48, after a preliminary hearing Thursday that featured the testimony of the alleged victim.

Burruss is being held in the Westmoreland County jail without bail. Pallone rejected a request by Burruss’ attorney, Duke George, to set a bail amount with restrictions, including no contact with the alleged victim.

George said he wanted Burruss to have the ability to get out of jail so he could return to work. While Burruss has a criminal record including a robbery conviction, George said that was 11 years ago and Burruss has had no problems with the law since.

Pallone said he had a “heightened concern” because while Burruss was aware he was under investigation since police questioned him in 2022, he was allegedly involved in a February incident in which he is accused of threatening the same people involved in the sex assault case.

In that incident, police allege Burruss brandished a gun despite not being allowed to possess a firearm because of his criminal history.

Assistant District Attorney Anthony S. Iannamorelli Jr. cited the volatility of the matter and the safety of the community given that a gun was alleged to have been involved in the incident. He also noted the seriousness of the sex charges Burruss faces, including a 10-year mandatory sentence for child rape, if convicted.

Burruss waived a preliminary hearing on separate charges of prohibited possession of a firearm and simple assault.

In arguing for the sex assault charges against Burruss to be dismissed, George said the case is a matter of “he said, she said,” with the girl’s credibility being important. There was no physical evidence presented, including no testimony from the girl’s mother of her seeing any injuries on her daughter while bathing her, he said.

While the girl testified that what Burruss did to her hurt and caused her to cry, she said she never called out for her mother or sister. The girl testified she eventually told her mother.

On direct questioning by Iannamorelli and cross-examination by George, the girl was unsure of many details, such as over what time span the assaults had happened, and answered many questions with, “I don’t know,” or said she did not remember.

Pallone upheld Iannamorelli’s objection when George wanted to ask the girl at the start of the hearing if she was on any medication that would affect her ability to think and answer questions truthfully. Pallone said he believed the girl was competent and knows the difference between truth and lies.

While the girl was advised to speak up during the hearing, George was told to lower his voice as he began incrementally raising it as he began questioning the girl.

New Kensington police allege Burruss raped and assaulted the girl over a period of five months in 2022, after which he would give her candy. Burruss denied the allegations when police interviewed him in August that year.

George, who previously said the rape and sex assault charges against Burruss had earlier been determined to be unfounded, said that “a lot of lies” were told in Pallone’s courtroom Thursday. He said he has witnesses to the February incident which casts the police account in court records as “pure BS.”

Burruss is scheduled for formal arraignment in each case May 29.