A magisterial district judge ruled charges against a former Lackawanna County Prison guard accused of sexually abusing an inmate fall within the statute of limitations for the offenses.
Judge Terrence Gallagher’s ruling means George McHale will face trial in Lackawanna County Court on two counts of indecent assault and one count of institutional sexual assault.
McHale, 50, 513 Florin St., Scranton, is one of seven former guards charged Feb. 14, with sexually abusing female inmates. He is accused of coercing a female inmate to masturbate him on one occasion inside the prison in 2009.
The Times-Tribune does not identify victims of sexual abuse.
McHale’s preliminary hearing was held March 27, but Gallagher postponed ruling pending resolution of a dispute over the statute of limitations.
Each of the charges against McHale ordinarily has a statute of limitations of two years. A section of the law extends the statute by eight years in cases of a government employee who used his or her position to commit a crime.
McHale’s attorney, Joseph Toczydlowski, argued the statute gives prosecutors up to eight years to file the charges. The state attorney general’s office maintained the statute is added on to the existing statute, which means authorities had 10 years to file charges.
Gallagher sided with prosecutors Friday. He cited a 1991 Superior Court that found the extension is added to the existing statute of limitations.
Contact the writer: tbesecker@timesshamrock.com; 570-348-9137; @tmbeseckerTT on Twitter
Charges against the seven former Lackawanna County Prison guards:
n George R. Efthimiou, 50, 1121 Loomis Ave., Taylor, one count of institutional sexual assault. His preliminary hearing was rescheduled to 11:45 a.m. April 25, because prosecutors plan to file new charges against him.
n Mark Johnson, 54, 2213 Golden Ave., Scranton, will go to trial on two counts each of involuntary deviate sexual intercourse and institutional sexual assault and one count each of indecent assault and harassment.
n George T. McHale, 50, 513 Florin St., Scranton, will go to trial on one count of institutional sexual assault and two counts of indecent assault.
n John Shnipes Jr., 42, 115 Simpson St., Archbald, a former Archbald councilman, will go to trial on six counts of involuntary deviate sexual intercourse, four counts of aggravated indecent assault, and two counts each of institutional sexual assault and harassment.
n Jeffrey T. Staff, 42, 459 Wyoming Ave. Apt. 4, Wyoming, will go to trial on one count of institutional sexual assault.
n Paul J. Voglino, 45, 4 Rear Orchard St., Carbondale, two counts of involuntary deviate sexual intercourse. His preliminary hearing is set for 11 a.m. April 25.
n James J. Walsh, 51, 209 Mosswood Road, Roaring Brook Twp., will go to trial on four counts of involuntary deviate sexual intercourse.