Dec. 04--A push to have all charges dismissed against suspended Old Forge Police Chief Larry Semenza was unsuccessful Monday after a judge found sufficient evidence for his sexual assault case to go to trial.
Lackawanna County Judge Vito P. Geroulo's decision to let a jury decide the fate of the 48-year-old chief came at a pre-trial hearing after the victim testified at length about their alleged sexual encounters. Chief Semenza is accused of sexually assaulting the woman several years ago when she was as young as 15. He is charged with unlawful contact with a minor, indecent exposure, corruption of minors, indecent assault, failing to report suspected child abuse, and aggravated indecent assault.
The Times-Tribune does not identify victims of sexual abuse.
Facing him for the first time in court, the woman, now 23, calmly answered more than 50 questions posed by Assistant District Attorney Mariclare Hayes and the chief's attorney, David J. Solfanelli.
She recalled the evolution of their relationship, meeting for the first time in the spring of 2004, and developing a friendship because of their ties to the borough Fire Department, where she was a 15-year-old junior firefighter and he was a captain. Soon after, he started to mentor her, teaching her firefighting techniques. Months later, they were kissing in the Fire Department's kitchen, she testified.
She said he showered her with gifts, took her to fire training classes out of town, went shopping, got coffee, even saw the movie "Ladder 49" together.
"We were always together, like as if we were dating," she testified. "I didn't feel that I needed to tell anybody. I didn't feel it was wrong."
She let him watch her shower at the Fire Department, she said. One day while they were sitting on a couch in front of a television at the fire station, he ran his hand up her leg, touched her underwear, then fondled her, she testified.
Their relationship continued through 2007, she said.
While on the stand, she avoided eye contact with the chief, who sat at the defense table next to Mr. Solfanelli.
Occasionally, he scribbled notes on a legal pad, downed a couple of cups of water and whispered to his attorney while she testified.
She revealed little emotion and kept her gaze fixed on Ms. Hayes during the questioning.
Chief Semenza did not testify and promptly left the courtroom after the judge's decision.
Outside the courthouse, he ignored reporters' questions.
After several years of silence, the victim told investigators in May she was sexually assaulted by Chief Semenza, suspended Old Forge Police Capt. Jamie Krenitsky, 34, and former borough firefighter Walter Chiavacci, 47.
No trial dates have been announced.
Attorneys for both police officers maintain the victim has not been able to provide precise dates of the alleged sexual assaults, making it difficult for them to provide an alibi defense at trial, and she has been inconsistent in her retelling of the events, which they say undercuts her credibility.
Prosecutors dispute that.
"She has been consistent and credible from day one," said Deputy District Attorney Jennifer McCambridge, "and I think she showed that again on the stand today (Monday)."
Her civil attorney, Matt Slocum, who was present at the hearing, filed a federal civil rights lawsuit on her behalf last month against the chief, captain, Mr. Chiavacci, the borough, and the police and fire departments. The suit states members of the police and fire departments knew the chief was sexually assaulting her, but did nothing to protect her.
Attorneys for Chief Semenza and Capt. Krenitsky said they believe her accusations are motivated by money.
The chief and Capt. Krenitsky maintain their innocence. Mr. Chiavacci is cooperating with authorities, police say.
In court papers, Mr. Solfanelli revealed a transcript of a phone conversation between Capt. Krenitsky and Chief Semenza, which investigators recorded on the night the victim came forward about the alleged sexual relationships.
"What relationship?" the chief asked. "I didn't do a --thing with her, nothing. Never! Never laid a hand on her."
According to investigators, Capt. Krenitsky and the victim performed oral sex on each other several times in a tiny bunk room of the Fire Department.
In an interview at the DA's office, the captain admitted the victim performed oral sex on him, though later in a written statement at the state police barracks in Dunmore he said they only kissed, according to court testimony.
In other testimony Monday, Cpl. Benjamin Clark, a lead investigator with state police, said Mr. Chiavacci admitted to investigators he told Chief Semenza he had a sexual encounter with the victim.
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Copyright 2012 - The Times-Tribune, Scranton, Pa.
