Bill Halle

The sexual assault and corruption of minors charges filed against William “Bill” Halle should be dismissed because they are based on a misapplication of the law, his attorney argued Wednesday, Jan. 10.

A former member of the Butler Area School District board, Halle, 59, is facing trial on felony charges of sexual assault by an employee or volunteer of a nonprofit, corruption of minors, criminal use of a communication facility, unlawful contact with a minor and criminal solicitation.

At a pretrial motions hearing Wednesday, defense attorney Thomas McKinley argued that all the charges are based on the first count, sexual assault by an employee or volunteer of a nonprofit, but the law says the victim must be a participant in a program or activity at the nonprofit.

McKinley said the young woman authorities identified as the victim worked at the Net Outreach Center in Butler, but there is no evidence showing she participated in a program or activity at the nonprofit Grace Youth and Family Foundation.

The charges against Halle allege he had inappropriate contact last year with a 17-year-old, who is now 18, when she worked at the Net Outreach Center, which is connected to the foundation that Halle founded in 1994.

McKinley said the law that Halle was charged under is intended to stop inappropriate relationships between a minor in a nonprofit agency program and an employee of the nonprofit.

“Since count 1 fails, then everything after count 1 fails,” McKinley argued before Butler County Common Pleas Court Judge Timothy McCune. “She was an employee.”

He also argued that Pennsylvania does not have a defined age of consent, but state law recognizes 16 as the age when a person can consent to have sexual contact with an adult.

“It is not a crime for someone 16 and above to have a consensual relationship with an adult,” McKinley said.

He said he is not arguing over moral or ethical issues involved in such a relationship, but the law is clear and all the charges should be dismissed with prejudice.

Assistant District Attorney Laura Pitchford and McKinley agreed that the statute regarding sexual assault victims in nonprofit agencies is new and there is no case law on the subject, and the law is intended to protect juveniles involved with nonprofits.

However, Pitchford argued that an employee at a nonprofit is a participant in the nonprofit.

Butler police Detective Eric Klopfer testified that a text message Halle sent in April to the mother of the teen mentioned that she was involved in a martial arts program at the foundation.

In a text he sent to the teen, Halle said, “You are beautiful when you volunteer,” Klopfer said.

In another text to her, Halle said he didn’t want her to think that he considered her to be a “counseling project,” Klopfer said.

Under cross examination, Klopfer said he does not know who was in possession of the teen’s or Halle’s phones when the texts messages were sent, and he didn’t know if the foundation had a martial arts program.

Klopfer said the teen told him that she worked at Net Outreach.

McCune didn’t immediately rule on the motion to dismiss the charges or other defense motions, including change of venue and suppression of evidence.

At a Jan. 5 hearing, Pitchford argued for revocation of Halle’s bail because he wrote letters to the teen after a court order prohibiting contact was issued. McCune hasn’t ruled on that motion.

Halle was sentenced to 60 days in jail in October for violating the conditions of pretrial supervision by having contact with the teen. Halle would remain in jail pending a trial if his bond is revoked.