Sex assault charges filed against ex-Ligonier Valley police chief held for court

Sex assault charges against a former Ligonier Valley police chief are headed to trial after a contentious two-hour preliminary hearing Friday marked by District Judge Allison Thiel admonishing attorneys.

The 25-year-old accuser testified at length about how she met John Berger, 52, while they were both patients at a Donegal Township addiction recovery center and later, after he became an employee there, how he sexually assaulted her in her bedroom.

She recounted in explicit testimony that Berger woke her, groped her and exposed himself before she performed a sex act at his request.

Things got heated on cross-examination when defense attorney Duke George raised his voice as he questioned the woman, accusing her of making up the story.

She denied that accusation, but Thiel stepped in after Assistant District Attorney James Lazar objected to George yelling questions at the witness. Both attorneys bickered throughout the proceeding.

“Hey, no more,” Thiel said. “The two of you need to stop arguing. Take down your screaming, you’re talking to the witness.”

George apologized, adding that he gets “so aggravated by this type of testimony.”

Berger, of Ligonier Borough was arrested in May by state police on charges of aggravated indecent assault, institutional sexual assault and related offenses.

Thiel ruled Friday that prosecutors presented enough evidence in that initial stage for the charges to move to Westmoreland County Court.

Berger was fired from his job as police chief May 9, 2023, days after the department was raided in an investigation that officials said focused solely on him.

That raid was handled by the federal Department of Homeland Security and state police. No charges have been filed.

Berger maintains his innocence, and George didn’t have an explanation after the hearing as to why police indicated in court paperwork that Berger confessed.

The accuser testified she met Berger in spring 2023 during her first stint at the center when both were patients. He made a couple of flirtatious comments to her, but she said she took them as a joke and didn’t feel uncomfortable. She knew he was a former police officer.

During her second time at the center starting in March, she testified, she was surprised to see Berger now working as a behavioral health technician. There were times when Berger would stop by her room to chat. She described that the previous flirtation increased to sexual comments and Berger touching his genitals while attempting to kiss her.

On the night of April 27, she testified, Berger came into her room and sexually assaulted her. When he left, he asked her not to tell anyone, the accuser said. Video surveillance from the center showed Berger was inside the woman’s room for five minutes, according to court papers.

George repeatedly questioned her on cross-examination about why she didn’t report the allegations to staff members until the following afternoon.

“It’s hard to go forward when you are sexually assaulted when you wake up out of your sleep,” she testified. She said it was a traumatizing and intimidating situation.

George conceded that prosecutors had shown enough evidence for the preliminary hearing stage but vowed the case would go to trial. He questioned the accuser’s credibility.

“Everything will come into play to show that my client is innocent of these charges,” he said.

State police Friday urged anyone who has had a similar encounter with Berger to come forward. The Greensburg station can be reached at 724-832-3288.

In the immediate aftermath of the raid May 4, 2023, during which his personal cellphone and police vehicle were seized, Berger was placed on administrative leave until the Ligonier Valley Police Commission fired him five days later.

The nature of that investigation remains unclear.

He is a longtime resident of the Ligonier area and had worked in area law enforcement since 1993. Berger was Ligonier Borough’s police chief from 2004 until the Ligonier borough and township departments combined about five years ago.

Berger then became chief of the new Ligonier Valley force.

Berger coached the Ligonier Valley High School basketball teams for two years, ending in November 2020. The team played in the District 6 championship game both seasons and was Heritage Conference and KCAC champions.

He cited his work demands as police chief as his reason for stepping down.