After sending sexually explicit text messages to a female domestic abuse victim, former prosecutor Lance Marshall abused his power and her constitutional rights, according to a brief the woman's attorney filed Wednesday in response to Marshall's attorney's requests for a dismissal.
"The actions of Marshall are those of a sexual predator," Bernie Cantorna, the woman's attorney, wrote in the brief. Cantorna did not respond to requests for comment.
Answering motions submitted in March by defense attorney Gary Weber, Cantorna wrote that the civil lawsuit filed Feb. 13 against the former Centre County assistant district attorney should not be dismissed.
Weber filed a motion in March asking the court to dismiss the woman's lawsuit because she lacks factual evidence, according to court documents. Weber did not respond to requests for comment.
In response, Cantorna wrote that there was enough evidence to show that Marshall treated the woman differently because she was female. The former prosecutor "attempted to limit and block" the victim's access to court, Cantorna wrote.
"Marshall treated [the woman] differently than other victims of crime, by frustrating [her] right to make her wishes known to the district attorney and the Judge," the brief reads.
According to the lawsuit, Marshall also illegally obtained taped conversations between the woman and her boyfriend while he was in prison. Marshall's attorney has said such power was well within his rights as a prosecutor. Cantorna wrote in the brief that Marshall's defense inappropriately addressed the core issue of the suit, dealing with the interception of "oral communication" rather than "the unlawful disclosure and use of wire communication," which would be more appropriate in this situation
"In the case of Lance Marshall ... the use of these intercepted telephone calls was not for the prosecution or investigation of a crime," according to the legal brief.
Marshall is accused of sending sexually explicit text messages to the woman who was involved in a domestic abuse case he was prosecuting, according to the lawsuit.
According to court documents, the woman said that Marshall sent her at least 250 text messages, some of them which were sexually explicit, in less than a month.
During one exchange, the woman informed Marshall she would contact the Centre Daily Times if he continued to send the inappropriate text messages, according to court documents.
In response, Marshall sent a picture message purportedly of himself "in a semi-clothed condition with his pants pulled down and his pubic hairs visible," according to court documents.
The headline for the message read "Hello CDT," according to the court documents.
Marshall resigned from his position with the Centre County District Attorney's office effective Dec. 31, 2008.
Centre County District Attorney Michael Madeira and other county officials are also named in the lawsuit.
Collegian Staff Writer Mandy Hofmockel contributed to this report.
