The attorney for a Schuylkill County commissioner being sued for sexual harassment wants a federal judge to make the Clerk of Courts to stop using her county owned computers and cell phone for fear data he says he may need on the devices could be overwritten.

Gerard J. Geiger, Stroudsburg, on Wednesday filed a letter making the request to Judge Martin C. Carlson, U.S. District Court, Harrisburg.

Geiger, who is defending Commissioner George F. Halcovage Jr. against the federal lawsuit, filed on March 16, 2021 by four women who work in the county courthouse, contends he needs information that may be on the computers and cell phone assigned to Clerk of Courts Maria T. Casey.

He made the request on Feb. 17. Although the county agreed to give him the hard drives and phone, Casey has not.

She filed documents to that effect on March 21, arguing that giving Geiger access to the information on the devices could violate the rights of the people whose cases are handled by her office, violate attorney/client privilege, impinge on the privacy of her staff, and that the county does not control her office.

Geiger’s letter to the judge states that “I asked Casey’s lawyer to have her stop using those devices while you decide if I am

entitled to this information.

“My IT expert advises that the continued use of those devices could cause discoverable data to be overwritten,” he wrote.

“Casey refuses to take steps to preserve the data and continues to use the County devices which poses a serious spoliation problem.

Spoliation is a legal term meaning an “individual who neglects to produce evidence that is in her possession or control. In such a situation, any inferences that might be drawn against the party are permitted, and the withholding of the evidence is attributed to the person’s presumed knowledge that it would have served to operate against her,” according to West’s Encyclopedia of American Law.

“As the devices continue to be used, discoverable information may be permanently lost,” Geiger wrote.

In a telephone interview Thursday, Casey described Geiger’s request as “ludicrous.”

“It’s a last grasp for George. He’s trying to intimidate and harass me. You can’t intimidate a witness in a federal proceding,” she said.

“He cannot try to intimidate me by demanding my computers. They’re totally irrelevant to the proceedings. This are typical bullying tactics. I would like him to turn over his eight county owned iPads that he has had over the years, none of which he has ever accounted for,” Casey said.

“My computer data has nothing to do with the investigation. The county Human Resources Office, the U.S. Equal Employment Opportunity Commission, and now the U.S. Department of Justice have found he has committed egregious acts,” she said. “I have never been in contact with them. Nothing that I have could ever exonerate him.

However, “if the judge orders me to produce anything to do with him, I will. I will aways honor what the court orders,” she said.

The women who filed the lawsuit are identified only as Jane Doe 1, Jane Doe 2, Jane Doe 3, and Jane Doe 4.

The suit names as defendants Halcovage, along with County Administrator Gary R. Bender, and assistant county solicitor Glenn T. Roth Jr., interim Human Resources Director Doreen Kutzler and current Human Resources Director Heidi Zula.

The county Human Resources Department in June 2020 determined Halcovage violated the sexual harassment, conduct and disciplinary action, and the physical and verbal abuse policies.

The U.S. Equal Employment Opportunity Commission asked the DOJ to intervene in the suit after an unsuccessful attempt to conciliate the charges.

A judge has yet to rule on the DOJ’s April 1 request to intervene.

In January, the process to impeach Halcovage began, initiated by state Sen. David G. Argall. Lawmakers have subpoenaed an “extensive list” of items from the county.