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A fourth defendant facing online child solicitation charges originated from the self proclaimed Luzerne County Predator Catcher has asked the state’s highest court to weigh-in on the legality of the criminal language.
Attorney Nanda Palissery on behalf of his client, Edward John Schicatano, 59, of Plains Township, filed a rare King’s Bench petition asking the Pennsylvania Supreme Court to intervene as there is a difference of legal opinions across the Commonwealth involving “vigilante” child sex stings.
Palissery filed the petition earlier this week following similar petitions filed by attorneys Joseph F. Sklarosky Jr. and Michael A. Sklarosky on behalf of John Davenport, 28, of Shickshinny, attorneys William I. Abraham and Ellen Granahan on behalf of Rodney Albertson, 54, of Nanticoke, and Attorney William J. Watt III on behalf of Zachary Mitchell, 50, of Kunkletown.
Schicatano, Davenport, Albertson and Mitchell are among hundreds confronted by Musa Harris, who bills himself as the Luzerne County Predator Catcher, in alleged online child sex stings in recent years.
While Luzerne County District Attorney Sam Sanguedolce has proceeded to prosecute some but not all of Harris’ cases he brings forth, district attorneys in Centre, Clearfield and Dauphin counties opted not to accept and prosecute adults who are caught by non-law enforcement vigilante groups or private citizens.
The difference of prosecution and judicial opinions across Pennsylvania centers on the language of unlawful contact with a minor. The statute requires a sworn law enforcement officer posing as a minor or an actual minor to support the offense in court, defense attorneys have argued.
Sanguedolce, however, previously explained adding another criminal offense – criminal attempt to the unlawful contact with a minor offense, supports prosecutorial efforts.
Attorneys representing the four men filed the King’s Bench petitions after Luzerne County President Judge Michael T. Vough denied requests to dismiss the cases against their clients.
The PA Supreme Court’s King’s Bench power, which is also listed as “power of extraordinary jurisdiction,” seeks the highest appellate court to consider a pending case when the need to address an issue of immediate public importance, according to the Administrative Office of Pennsylvania Courts.
Vough, meanwhile, has stayed the cases of Schicatano, Davenport, Albertson and Mitchell pending the Supreme Court’s finding.