Court upholds civil verdict in Old Forge sex abuse case

March 14-- Mar. 14--A federal judge upheld a 2017 jury verdict that cleared Old Forge borough, its fire company and two former police officers of all liability in a civil lawsuit filed by a woman who was sexually abused as a teenager.

U.S. District Judge Robert D. Mariani rejected the woman's claims that he erred when he allowed a defense attorney to present a photo that supported the defendants' claims she fabricated the story in hopes of getting a monetary settlement.

The woman filed suit in 2012, seeking damages for emotional harm she suffered after being sexually abused by former Police Chief Larry Semenza, former police Capt. Jamie Krenitsky and former firefighter Walter Chiavacci between 2004 and 2007.

Krenitsky and Chiavacci pleaded guilty to indecent assault in 2013 and 2012, respectively. Semenza was convicted in 2013 of corruption of a minor and another charge. The conviction was overturned in 2015, and he pleaded guilty to harassment.

The Times-Tribune does not identify victims of sexual assault.

The civil case went to trial in February 2017. The jury rejected her claims against Semenza, Krenitsky, the borough and fire department, finding only Chiavacci liable and awarded her $20,000.

Matthew Slocum, the woman's attorney, filed a motion for a new trial, arguing Mariani should not have allowed defense attorney Joseph Goldberg to show jurors a photo of a golf ball stamped with the words "money ball" that was posted to the woman's social media account with the caption. "I found the money ball."

Goldberg used the photo, which was posted days before Semenza's criminal trial started, to challenge the woman's credibility. Slocum argued the photo was unfairly prejudicial and misleading because the post did not indicate the photo was taken while the woman was golfing.

In rejecting the argument, Mariani noted Slocum was allowed to present evidence the woman was a golfer. The photo was properly admitted to allow the defense to impeach her credibility, he said.

"Even if plaintiff had introduced evidence that the photograph was taken at a golf course ... it does not preclude the possibility that the photograph was a reference to the lawsuit," Mariani said.

Mariani also rejected several other claims, including that he erred in not allowing the woman to call a witness who alleged he heard Semenza make a sexual comment to her in 2008 or 2009. The judge said the incident was too far removed from the dates of the alleged assaults, which occurred between 2004 and 2007.

Contact the writer:

tbesecker@timesshamrock.com; 570-348-9137;

@tmbeseckerTT on Twitter

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