News Briefing June 12-18, 2015

Settlement still possible in cop case

Settlement talks continue in the workplace-bias case of N. Melville Jones, an openly gay police officer.

Jones filed suit against the city in 2013, seeking in excess of $50,000 in damages.

The officer claims that a supervisor outed him throughout the Philadelphia Police Department, triggering pervasive harassment and discrimination against him.

A jury trial was scheduled to begin 10 a.m. April 28 in Courtroom 243 of City Hall.  But it was postponed in the hope that the case could be settled.

“The case has not reached settlement yet,” said Barak A. Kassutto, an attorney for Jones, this week. “We will inform you if and when we are back on track to go to trial.”

City attorneys had no comment for this update.

School district seeks emails from gay litigant

The Pennsauken School District continues to seek emails in the possession of Thomas Vandergrift that pertain to his lawsuit against the district.

In a June 1 court filing, district officials said they’re entitled to the emails, along with all social-media posts relating to the case.

They asked U.S. Magistrate Judge Joel Schneider to order Vandergrift to immediately provide the information.

Vandergrift, an openly gay teacher, alleges that district officials wrongfully accused him of child molestation after he advocated for a proper education for his autistic nephew.

District officials also want Vandergrift’s mental-health records for the past 18 years.

In a prior interview, Vandergrift said he’s doing his best to comply with that request.

Vandergrift seeks policy changes within the district and an unspecified amount in damages.

A status conference is set for 11 a.m. Aug. 14 at the U.S. Court House in Camden, N.J.

Gay inmate claims thefts

Kenneth J. Houck Jr., an openly gay inmate who was assaulted while reading an LGBT novel, says he’s also been the victim of multiple thefts.

In 2011, Houck pleaded guilty to one count of transporting child pornography. While awaiting transfer to a federal prison, he was brutally assaulted by two inmates at the Federal Detention Center in Philadelphia, resulting in multiple fractures to his right leg.

Houck is currently incarcerated in a federal prison in Littleton, Colo.

In letters to PGN, Houck said he was placed in solitary confinement on multiple occasions. When he returned to his cell, his personal belongings were missing.

He wants to be transferred to a facility on the East Coast, where his family lives, he said.

Houck, 40, also said that last November a prison staffer defamed him in front of numerous inmates, placing him at risk for serious injury.

Ed Ross, a spokesperson for the federal Bureau of Prisons, had no comment about Houck’s allegations.

Houck’s scheduled release date is May 18, 2018.

Settlement conference set in Voyeur case

Kelly Martin, a South Philadelphia woman, is suing Voyeur Nightclub after falling inside the building and sustaining serious injuries.

On July 1, 2012, Martin allegedly fell due to slippery conditions caused by an accumulation of liquid, glass and debris at the club.

She sustained fractures to her right arm, requiring extensive surgery, according to her lawsuit. She’s seeking more than $50,000 in damages, claiming the club operated in a dangerous manner.

The popular night spot, located at 1221 St. James St., has a large LGBT clientele.

The case is in the discovery phase.

A settlement conference is tentatively set for 10 a.m. Sept. 8 in Room 646 of City Hall.

Neither side had a comment for this story.

New deadline set in rape case

The Pennsylvania Superior Court has given Jeffrey J. Marsalis until July 1 to file an appellate brief in his quest for a new trial.

Marsalis sexually assaulted two women in Philadelphia before raping a lesbian in Idaho. He wants a new trial for his Philadelphia convictions, citing ineffective counsel.

Marsalis, 42, allegedly sedated his victims with a date-rape drug prior to sexually assaulting them. He denies the allegations.

The initial deadline for Marsalis’ appellate brief was May 1. But the court said an extension until July 1 is warranted, and ordered local authorities to provide more records to Marsalis so he can compose the brief.

Marsalis remains incarcerated at a state prison in Marienville.

His scheduled release date is Jan. 17, 2017.  Then, he must begin serving a 14-year prison sentence in Idaho for raping a lesbian in that state, according to court records.

— Timothy Cwiek

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