The attorney for a man accused of rape has filed a motion of prosecutorial misconduct against the county's top prosecutor, arguing that an expert witness for the defense was improperly influenced.

Defense lawyer William "Tim" Fleming alleges Centre County District Attorney Ray Gricar improperly influenced pathologist Dr. Gordon Handte during a phone conversation in January.

Handte decided against testifying after the conversation, Fleming said.

"I had an expert witness who was going to give favorable testimony for my client, and after he talked to attorney Gricar, I didn't have a witness," Fleming said.

Fleming is defending Jonathan W. Street, 23, of State College, who is charged with raping a woman while she slept in July. The trial is set to begin in June while Street is free on bail.

In a hearing on March 26, Fleming asked Clinton County Judge J. Michael Williamson to impose a sanction dismissing the case against his client. Williamson was brought in to hear the motion after Centre County Judge David Grine removed himself from the hearing.

Fleming argued Gricar improperly influenced a witness and thus violated his client's constitutional rights.

"My client was deprived of a very unique and special witness," Fleming said.

Gricar, in his 18th year as the county's chief prosecutor, acknowledges the phone call took place, but denies any prosecutorial misconduct.

"I've been a prosecutor for 33 years," Gricar said. "I pride myself in my high professional ethics and I would never engage in prosecutorial misconduct."

Gricar said his conversation with Handte, who has testified as an expert witness for the prosecution in numerous murder trials, was out of concern for a friend.

"Dr. Handte testified [at the hearing] that at no time during our conversation was he intimidated, threatened or coerced," Gricar said. "What we discussed is his role in the case."

The two have shared a long-standing, professional relationship for 18 years, Gricar said, adding he was surprised when he learned Handte had been retained by the defense.

"I've never seen him testify for the defense," Gricar said.

Gricar said he was concerned Handte had not completely thought through the ramifications of testifying for the defense. Testifying would have put him in conflict with colleagues at Centre Community Hospital, who are witnesses for the prosecution in the case, Gricar said. He added Handte's testimony would have strained and created a possible conflict in the relationship between Gricar and Handte.

Gricar said legal guidelines for prosecutorial misconduct are not clearly defined and can cover a broad area of the law.

"I've never been found guilty of it," he added.

Handte declined comment for this report.