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A legal opinion by Luzerne County President Judge Michael T. Vough about vigilante child predator catchers may have set precedent in current and future criminal cases.
The Pennsylvania Supreme Court in one-page orders denied relief for four Luzerne County cases spurred by the self-proclaimed Luzerne County predator catcher Musa Harris.
Attorneys representing John David Davenport, 28, of Shickshinny, Zachary John Mitchell, 50, of Kunkletown, Rodney Albertson, 54, of Nanticoke, and Edward John Schicatano, 60, of Allentown, filed King’s Bench petitions seeking the state Supreme Court in Pennsylvania to intervene in vigilante child predator cases as there were difference of legal opinions across the Commonwealth.
District attorneys in several Pennsylvania counties opted not to pursue online child predator cases sparked by non-law enforcement due to language in the unlawful contact with a minor statute, which requires an actual minor or a certified law enforcement officer. In addition, Clearfield County President Judge Fredric J. Ammerman in a July 7, 2023, opinion dismissed a similar case that was initiated by a non-law enforcement vigilante group.
Attorneys Joseph F. Sklarosky Sr and Michael A. Sklarosky, who represent Davenport, Attorney William J. Watt, who represents Mitchell, Attorneys William I. Abraham and Ellen Granahan, who represent Albertson, and Attorney Nanda Palissery who represents Schicatano, used the difference of opinions to prosecute non-law enforcement vigilante predator cases and Ammerman’s opinion to support their efforts in dismissing the cases against their clients.
Luzerne County District Attorney Samuel Sanguedolce continued ahead with prosecuting some but not all of criminal cases spurred by Harris. Sanguedolce previously said by adding the “criminal attempt” offense to unlawful contact with minors is an inchoate offense and legally can proceed.
“Basically, until the appellate court rules, we have firm standing. We did a lot of research on this and the criminal attempt statute has been satisfied,” Sanguedolce previously said.
In efforts to have the case dismissed against Mitchell, Vough issued a memorandum opinion on Nov. 28, 2023, that upheld the charges.
“Defendant was not charged with committing the crime of unlawful contact with a minor. He was charged with criminal attempt to commit unlawful contact with a minor. To be guilty of an attempt, a person must have the intent to commit a specific crime and do any act which constitutes a substantial step toward committing that crime,” Vough wrote in his Nov. 28, 2023, memorandum that denied to dismiss charges against Mitchell.
Cases against Davenport, Mitchell, Albertson and Schicatano have been stayed until the Supreme Court issued their rulings. In denying to issue relief by hearing arguments on the issue, the four cases will likely be scheduled for trial.