A Montgomery County judge criticized a Philadelphia attorney as ''completely useless'' for the fifth delay Tuesday in the trial of police officer John P. Powell, 31, of Philadelphia. Powell is charged with arranging a sexual encounter with who he believed was a 13-year-old girl over the Internet.
Watch Right Internet Crimes Against Children Syndicated News Feed
Source McCall.com
A Montgomery County judge criticized a Philadelphia attorney as ''completely useless'' for the fifth delay Tuesday in the trial of a former Warminster Township police officer charged with arranging a sexual encounter with who he believed was a 13-year-old girl over the Internet.
Jury selection was scheduled to begin Tuesday for John P. Powell, 31, of Philadelphia.
Montgomery County Judge Steven O'Neill noted Powell was in the courtroom, but his attorney, John McMahon Jr., was absent.
McMahon told the judge he was involved in a capital murder case in Philadelphia. O'Neill said this is the fifth time McMahon has delayed the start of Powell's trial.
''It's fiction to believe [McMahon] will ever try a case here,'' O'Neill said. ''Maybe this is the way he tries cases, but it doesn't work in this county. This case has been too long in this system and it's time to be brought to justice.''
O'Neill scheduled Powell's trial again for Feb. 8. McMahon could not be reached for comment Tuesday.
Powell declined to comment Tuesday.
Montgomery County Assistant District Attorney James Staerk said prosecutors had asked for one delay in the case on Dec. 6.
''We're ready to go and ready to try the case,'' Staerk said. ''We have good evidence and we're confident we'll prevail in this.''
O'Neill called McMahon's repeated delays a ''breach of ethics,'' but said he is powerless to punish Powell for his choice of defense attorneys.
''My hands are tied in this because I can't make you represent yourself,'' O'Neill said to Powell. ''I want you to pass along my serious displeasure to your attorney and he'd better be here next month.''
Powell remains free on $1 million bail.
Powell was fired from the police department in late February, said Warminster Police Chief James Gorczynski.
Powell was charged Feb. 4 with statutory sexual assault, involuntary deviate sexual intercourse, indecent assault, corruption of minors and unlawful communications with a minor.
Prosecutors say Powell was communicating over the Internet with a detective posing as a 13-year-old girl.
According to an affidavit, the detective typed a message stating ''U know im only 13 rite,'' and Powell, logged on as Irishdrumr360, typed back, ''I like young hotties!'' Powell wrote that he wanted to meet the girl for sex.
Powell arranged to meet the girl at the Willow Grove Mall, where he was arrested with police identification, condoms and a sex toy in his vehicle, according to prosecutors.
Before he joined the Warminster force, Powell was an officer with the Philadelphia Police Department for eight years.
pamela.lehman@mcall.com
215-529-2614 or 610-278-1862
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