Cirko
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WILKES-BARRE — Jurors selected to decide the fate of a Hanover Township woman charged with coughing and spitting on food items inside a supermarket last year will be tasked with determining if saliva is considered a biological weapon.
Luzerne County President Judge Michael T. Vough scheduled the trial for Margaret Ann Cirko, 36, to begin June 22.
Cirko’s attorney, Thomas Cometa, is seeking to dismiss the most serious charge, weapons of mass destruction, arguing the law does not include bodily fluids.
If Vough does not dismiss the charge, jurors will decide if saliva can be classified as a biological agent.
Aside from the mass destruction charge, Cirko is also facing terroristic threats, criminal mischief and criminal attempt to commit retail theft after Hanover Township police allege she spat on food items inside Gerrity’s Supermarket on Sans Souci Parkway and attempted to steal beer on March 25.
At the time of the alleged offense, Gov. Tom Wolf’s state of emergency order was in effect due to the coronavirus pandemic, which heightened the charges against Cirko.
Cirko allegedly yelled, “I have the virus, you’re all going to get sick,” as she spat and coughed on food items.
Joe Fasula, co-owner of Gerrity’s, said at the time an estimated $35,000 worth of food had to be discarded.
Cirko tested negative for COVID-19 following the alleged incident.
After Cirko’s preliminary hearing held in June, District Attorney Sam Sanguedolce (then first ADA) and Assistant District Attorney Drew McLaughlin argued that they need only “a threat” to pursue the weapons of mass destruction charge against her.
Cirko underwent a court-ordered mental competency evaluation to determine if she could follow and assist during court proceedings.