October trial expected in sex abuse case of 14-year-old girl

Joseph Kohut, The Times-Tribune, Scranton, Pa.
·2 min read

Aug. 28—The defense attorney for a man accused of sexually abusing a young girl said Monday she expects to go to trial in October.

Brian Zitzelman, 31, is accused by state police of performing a sex act on a 14-year-old girl more than a year ago in a Mayfield parking lot. Zitzelman, formerly of Greene Twp., maintains his innocence and claimed in court filings the teenager falsely represented her age.

Zitzelman is charged with two counts of involuntary deviate sexual intercourse, two counts of aggravated indecent assault, two counts of indecent assault and one count of unlawful contact.

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

The 31-year-old had been scheduled to go before a jury Sept. 5 but Lackawanna County Deputy District Attorney Sara Varela and defense attorney Jennifer McCambridge asked last week that it be delayed until October. A scheduling order appeared to be pending.

According to a criminal complaint filed by Trooper Jeffrey R. Sokso, Zitzelman and the 14-year-old met April 10, 2022. She disclosed during an interview at the Children's Advocacy Center of Northeastern Pennsylvania that Zitzelman performed oral sex on her.

Troopers reviewed messages the pair exchanged and found Zitzelman mentioned he did not know her age until they met, but they "clicked" really well, Sokso wrote in an affidavit.

How old Zitzelman believed her to be is expected to factor into his defense.

In March, his previous attorney, Joseph S. Toczydlowski Jr., wrote in court paperwork the teenager and Zitzelman first met on an app that requires the user certify they are older than 17. The age of consent in Pennsylvania is 16.

To make his defense, Zitzelman would need to show by a "preponderance of the evidence" — a much lower burden of proof than what prosecutors must show to convict — that he reasonably believed her to be older, Toczydlowski wrote.

McCambridge, who replaced Toczydlowski as Zitzelman's counsel in May, declined Monday to discuss possible defenses she might present at trial.

Varela and McCambridge are also negotiating a potential plea deal, which would negate the need for a trial, court filings show.

McCambridge, however, said they have not accepted anything presented by the district attorney's office.

Zitzelman is free on house arrest while awaiting the conclusion of his case.

Contact the writer: jkohut@timesshamrock.com, 570-348-9100, x5187; @jkohutTT on Twitter.