Federal judge blocks D.A.'s case files
PITTSBURGH — A federal judge on Thursday approved a request to keep the Butler County District Attorney's Office investigation files for an alleged sexual assault private.
District Judge Mark Hornak granted the request for plaintiffs Alecia and Michael Flood Jr., who filed a lawsuit in October in U.S. District Court in Pittsburgh, claiming that their minor son, T.F., suffered as a result of alleged false sexual assault allegations.
The request will prevent a complete copy of the investigation file from the Butler County District Attorney's Office regarding the sexual assault reports from being released to lawsuit defendants who requested the materials in early November.
Hornak's approval of the request comes with the caveat that materials pertaining to the investigation are still gathered but held until another order from his court.
The Floods' lawyer, Craig Fishman, filed the protective order request out of worry that release of the documents may lead to the disclosure of information that is inappropriate, as it involves five minors.
The order also was requested, in part, because one family of defendants did not have representation, and “disclosure of the documents to them is likely to result in disclosure of the documents to the entire world via the internet,” according to Fishman's filing.
That defendant, Lynn Reina, sought legal advice from Fishman, according to documents filed this week. According to the filing, Reina said she didn't have the means to obtain a lawyer to respond to the lawsuit. Reina is the mother of minor defendant H.R.
In email correspondence with and provided by Fishman, Reina asked Fishman if he could direct her to forms she needed to fill out and provide her with information as to when forms were due. Fishman responded that he was not permitted to help her.
In a motion for a time extension to respond to the defendants' recent filings, Fishman reached out to Reina.
“I advised Mrs. Reina that I could not provide her with legal advice,” Fishman wrote, saying it would be a conflict of interest to do so. In his extension filing, Fishman described Reina as “apparently irate with my refusal” and said she indicated that she won't agree to the time extension.
Fishman directed Reina to the clerk of the district court for more information, but said that was all he could do.
Following the exchange, Fishman also filed to have the court enter a default judgment for liability, meaning that the Reina family's lack of action in the case will result in judgment without a court appearance.
David Reina, H.R.'s other parent in the suit, was not mentioned as having contacted either Fishman or any other legal counsel.
The request for counsel came after Fishman asked for the extension due to a personal vacation. All other defendants have agreed to the extension, which would give Fishman until Jan. 11 to respond to their motions.
Hornak approved the extension request Thursday afternoon.
The lawsuit includes defendants Meghan Villegas and minors K.S., C.S., E.S. and H.R., who are accused of fabricating sexual assault stories, and their parents, George Villegas Jr., Pam Villegas, David and Christy Sherk, David and Christine Seaman, Cris and Kimberly Salancy and David and Lynn Reina, who are accused of negligence.
Also listed as defendants are the Seneca Valley School District, Butler County District Attorney's Office and Butler County as entities that allegedly exercised gender-based discrimination and failed to properly investigate the initial charges brought against T.F.
All parties, with the exception of the Reina family, have responded to the lawsuit with motions to dismiss as of the Wednesday deadline.
