TodayOut-of-county judge ordered in Bruce Barclay civil cases
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Article RatingDisagreement over a deposition of former Cumberland County commissioner Bruce Barclay prompted a decision to use an out-of-county judge to handle the civil cases against him, according to court records.
In April, Barclay was accused of rape by a man who lived with him. The Republican commissioner quickly resigned his seat, and although the accuser was subsequently charged with making a false report, authorities continue to investigate Barclay in connection with an elaborate network of hidden cameras police said he used to secretly record people in his home.
Last month, William Ober and Joseph Brunner, who lived with Barclay, filed civil suits against him, claiming he confessed to them that for months he had secretly videotaped them having sex. They are seeking financial restitution for the “embarrassment” and “humiliation” they suffered as a result of being caught up in the scandal.
Court records indicate Ober and Brunner’s attorney, Spero Lappas, sought to set a deposition date of Sept. 10 for Barclay. However, attorneys Jeffrey Rettig and John Ninosky, who represent Barclay in his civil suit, raised objections.
“At this point, we cannot voluntarily produce him while the threat of criminal cases is still a real possibility,” Rettig wrote. “It is hoped that we may have some resolution to the criminal proceedings within the next several months.”
Barring an agreement from the prosecution, he wrote, he would seek a protective order. With that agreement not forthcoming, he filed the motion,
“To protect his interests, Defendant would be required to invoke his Fifth Amendment rights and no meaningful information would be obtained,” Rettig wrote. “It is anticipated that a non-Cumberland County judge will need to be appointed to this case due to Defendant’s former status.”
In a ruling dated Thursday, President Judge Edgar Bayley granted the request for an out-of-county judge and ruled that a stay be given on the deposition until the appointed judge could rule on the case. The selection of the out-of-county judge was left to the court administrator’s office, which said Monday the appointment had not yet been made.
A call to Lappas Friday was not returned by press deadline this morning.
