A lawsuit involving a case of so-called "sexting" by some students in Wyoming County went to federal court on Thursday.
A federal judge in Scranton heard arguments from the American Civil Liberties Union and from the Wyoming County district attorney.
Earlier this week, the ACLU sued District Attorney George Skumanick in connection with the sexting case in the Tunkhannock Area School District.
Marissa Miller is one of three students now represented by the ACLU and suing Skumanick for threating them with child porn charges. Vic Walczak, an attorney with the ACLU, says Skumanick is misusing his authority.
"What he shouldn't be doing, and what we're claiming he can't legally be doing, is to bring very serious child pornography charges against these kids in order to force them into that kind of education program," said Walczak.
Several months ago, the Tunkhannock Area School District told Skumanick that students were "sexting," using cell phones to take and send inappropriate pictures of themselves. Skumanick made the students an offer: take an educational course on why the behavior is wrong, or be hit with child porn charges.
Marissa's mother believes those options are unfair.
"She did nothing wrong," Mary Jo Miller told Newswatch 16. "There was no reason to take a class and admit she did something wrong when she did not."
Marissa Miller insists the picture of her in a bra taken three years ago was far from provocative.
"it was fun!" Marissa said. "It was me and my friends at a slumber party, taking pictures and having fun. That's what I saw them as."
On Thursday, Skumanick told reporters that it's a separation of powers issue, that the federal court shouldn't be getting into state matters. He also says he was just trying to give the kids an opportunity to learn a few lessons.
"I could have just charged them," Skumanick said, "and frankly, it would have been simpler and easier for us."
What a federal judge must now decide is a temporary restraining order which would bar the Wyoming County D.A. from prosecuting the three girls. That decision could be made early next week.
A federal judge in Scranton heard arguments from the American Civil Liberties Union and from the Wyoming County district attorney.
Earlier this week, the ACLU sued District Attorney George Skumanick in connection with the sexting case in the Tunkhannock Area School District.
Marissa Miller is one of three students now represented by the ACLU and suing Skumanick for threating them with child porn charges. Vic Walczak, an attorney with the ACLU, says Skumanick is misusing his authority.
"What he shouldn't be doing, and what we're claiming he can't legally be doing, is to bring very serious child pornography charges against these kids in order to force them into that kind of education program," said Walczak.
Several months ago, the Tunkhannock Area School District told Skumanick that students were "sexting," using cell phones to take and send inappropriate pictures of themselves. Skumanick made the students an offer: take an educational course on why the behavior is wrong, or be hit with child porn charges.
Marissa's mother believes those options are unfair.
"She did nothing wrong," Mary Jo Miller told Newswatch 16. "There was no reason to take a class and admit she did something wrong when she did not."
Marissa Miller insists the picture of her in a bra taken three years ago was far from provocative.
"it was fun!" Marissa said. "It was me and my friends at a slumber party, taking pictures and having fun. That's what I saw them as."
On Thursday, Skumanick told reporters that it's a separation of powers issue, that the federal court shouldn't be getting into state matters. He also says he was just trying to give the kids an opportunity to learn a few lessons.
"I could have just charged them," Skumanick said, "and frankly, it would have been simpler and easier for us."
What a federal judge must now decide is a temporary restraining order which would bar the Wyoming County D.A. from prosecuting the three girls. That decision could be made early next week.
