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WILKES-BARRE — Additional criminal charges are expected to be filed against former part-time police officer Mark Icker, who is accused of sexually assaulting women he stopped while on duty, according to an attorney representing two of the alleged victims in a civil case.
Attorney Barry Dyller referenced the new charges in an Aug. 16 letter to a federal judge out of concern for the effect they could have not only on the plaintiffs in civil proceedings already on hold until the resolution of the existing criminal cases, but also for other potential defendants.
“Further, we understand that defendant Icker will soon be subject to additional criminal charges which will further delay this case if a stay remains in effect,” Dyller wrote to U.S. District Judge James Munley.
The judge set a status conference for Thursday with the attorneys in the civil case.
Dyller declined Monday to go into detail about the new cases he expected against Icker.
“In order not to undermine law enforcement, which is investigating his actions, I’m not going to state publicly what I understand to be the additional charges,” Dyller said.
A message left Monday with Icker’s attorney, Bryan Werley of the law firm Zarwin, Baum, DeVito, Kaplan, Schaer, Toddy in Philadelphia, was not immediately returned.
Icker, 30, of Throop awaits trial in Luzerne and Lackawanna counties on charges he stopped women and forced them to perform sex acts in exchange for not arresting them. No date has been set in Lackawanna County Court. Four cases against him have been consolidated in Luzerne County Court with a jury trial scheduled for Sept. 16.
To date the civil complaint filed earlier this year by the Dyller Law Firm of Wilkes-Barre on behalf of two women identified as S. Doe and R. Doe, due to the sensitive nature of the allegations, names only Icker as a defendant.
The women accused Icker of violating their constitutional rights, as well as assault, battery and intentional infliction of emotional distress. They asked for a jury trial and the award of punitive damages, attorneys’ fees and other relief deemed just and proper by the court.
But in his letter to the judge, Dyller indicated other defendants could be added if he was allowed to continue gathering information in preparation for the trial.
“Civil justice is being delayed for the plaintiffs by a lengthy stay. Moreover, it is important that discovery commence so that we can learn of other potential defendants,” Dyller said. That could include municipal entities or other officers on the grounds they instituted unconstitutional policies and provided improper supervision and training.
Time was running out, Dyller added. “If the stay remains in effect, the statute of limitations on such potential claims will forever bar them,” he said.