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Accused Cop Again Seeks Bail Change

January 11, 2019
Accused Cop Again Seeks Bail Change

WILKES-BARRE — The attorney for a suspended police officer accused of coercing women into sex filed a petition for a bail modification Thursday, alleging a bail denial ordered last week violates the state Constitution.

Mark Icker, 29, of Dickson City, is accused of pressuring two women into performing oral sex on him to avoid arrest, as well as pulling down a third woman’s shirt and groping her after stopping her for driving under the influence.

After arraigning Icker in the third case Friday, Magisterial District Judge Donald L. Whittaker ordered him jailed at the Luzerne County Correctional Facility without bail.

But in a filing Thursday, defense attorney Bernard Brown of Carbondale asserts that Icker has a right to bail, alleging Whittaker’s decision violates the state Constitution and is in “direct contradiction to the current case law.”

The filing said Icker — who was already banned from possessing weapons or police gear — can comply with bail conditions and requests Luzerne County Judge Michael T. Vough impose a “reasonable” bail amount.

Vough set a hearing for the matter for today.

The challenge is the second bail dispute Icker has had so far with the courts. When he was first arrested on misdemeanor offenses stemming from the first case, Magisterial District Judge Thomas F. Malloy Sr. released Icker on $25,000 unsecured bail.

But then another victim came forward and Luzerne County detectives hit him the next day with felony charges of sexual assault and involuntary deviate sexual intercourse. Magisterial District Judge Joseph D. Spagnuolo Jr. arraigned Icker in that case and ordered him jailed with bail set at $1 million.

Brown challenged that amount as being “irrational” and Vough agreed that the amount was too high. He reduced bail to $100,000 during a hearing Friday.

But before Icker could post bail, detectives charged him in the third case, which police said stemmed from driving under the influence stop he conducted on June 18. The first two cases during which Icker pressured detained women for oral sex took place in December, according to prosecutors.

Although Icker also worked as a police officer in Sugar Notch and Jessup, all the charges he is facing so far involve incidents in Ashley.

Contact the writer:

jhalpin@citizensvoice.com

570-821-2058

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