Lawyer: Dismiss Abuse Charges

The attorney for Mark Ethan McFall has asked a county judge to dismiss the sexual abuse charges against his client, accusing members of the district attorney’s office of misconduct.

Defense Attorney Justin J. McShane charged that Deputy District Attorney Steve Kelly, Assistant District Attorney Andrew Rongaus, and two state police officers spoke with McFall at the Chester County District Attorney’s office in July without inviting the defendant’s attorney.

McFall, owner of McFall’s Towing in Valley, is accused of drugging and sexually assaulting four men who had worked for him. He is charged with multiple counts of rape, involuntary deviate sexual intercourse, sexual assault, unauthorized administration of an intoxicant and related charges. The defense motion to dismiss was filed on Monday. The hearing on the matter before Common Pleas Court Judge Phyllis R. Streitel began Thursday.

Prosecutors say they did nothing wrong. McFall, 42, asked for the meeting. The purpose was to discuss information the defendant had about other open investigations, not his own cases.

“Just because Mr. McFall has the fortitude not to make an incriminating statement doesn’t mean there weren’t any violations,” McShane said.

At the time he met with the prosecutors, the defendant was represented by attorney John Lachall, who testified at the hearing he was unaware his former client had met with prosecutors until after it took place.

In later conversations with Rongaus, who is prosecuting McFall’s cases, Lachall said it was suggested that he “get out of the case because of a conflict.” Kelly, who is involved in the prosecution of many of the drug cases in the county, told the judge he was the one who had originally suggested McFall hire a new attorney — someone based outside of Chester County, he said. McShane practices out of Harrisburg.

Such sit-downs are not uncommon. Kelly has about 100 similar meetings per year with defendants looking to make deals, he said.

“The targets he was suggesting, some were connected to his former attorney,” Kelly said. The prosecutor declined to give names. He did say McFall initiated their meeting. “Mr. McFall wanted to cooperate,” he said. “I explained to him I did not bring him in to talk about his charges.”

Chief Deputy District Attorney Robert L. Miller stepped in as prosecutor during the hearing for Rongaus, who was called as a witness by McShane. The hearing is scheduled to continue today with McFall expected to be called to the witness stand.

There are a number of outstanding defense motions that need to be resolved before McFall goes to trial, including requests to suppress evidence seized from the defendant’s home and change the venue of the trial.

A week ago, Streitel revoked McFall’s bail after she learned the defendant had violated the terms of his bail when he tried to meet with a man subpoenaed to be a grand jury witness. The attempt took place Nov. 16.

McFall had been free on $400,000 cash bail, and though he wore an ankle bracelet to keep tabs in his whereabouts, he was allowed to continue towing cars between 8 a.m. and 8 p.m. There are four open cases against the defendant, and he faces similar allegations in Brigantine, N.J.

Pennsylvania State Police first arrested the defendant on Nov. 22, 2005, in connection with the assault of a former 19-year-old male employee that reportedly took place two weeks earlier.

That alleged victim told police McFall had given him a pill when he complained to his boss about feeling ill. After taking the drug, the victim lost consciousness and awoke to find McFall performing a sexual act on him, according to police reports.

Investigators later executed search warrants at McFall’s towing company and reportedly seized more than 100 bottles of pills, digital nude photographs of the 19-year-old victim, and floppy disks that contained two videos of the defendant allegedly assaulting another man, police said.

McFall is a former South Coatesville police officer.