MOUNT CARMEL - A scheduled preliminary hearing for a Bloomsburg man accused of raping an intoxicated juvenile girl last year was continued due to separate conflicts concerning attorneys appointed to the case.
Kenneth Samuel "Sammy" "Skitz" Mull III, 22, of 560 Montour Blvd., Bloomsburg, was brought from Columbia County Prison Wednesday for a preliminary hearing before Magisterial District Judge Hugh A. Jones, but after public defender Paige Rosini disqualified herself from the case because of defending one of the prosecution's witness in the past, the hearing was continued until Wednesday, Jan. 11.
A separate issue arose concerning council Michael Seward also.
Mull was charged by Mount Carmel Township Police Officer Kelly Campbell after a year-long investigation into the rape of a juvenile girl at a party Sept. 7, 2010, in a wooded area of Mount Carmel Township commonly known as "The Canyon."
The victim could not identify her attacker at the time, but DNA, according to Campbell, links Mull to the assault.
According to an affidavit of probable cause filed by Campbell, police were summoned to the accuser's home in Mount Carmel on the night of Sept. 7, 2010, where she was found to be highly intoxicated.
Two people inside the home said the accuser claimed to have been raped earlier that night, with one saying she was shaking and crying and had redness on her vaginal area.
It appeared the girl was overdosing on alcohol and was undressed by her mother, the affidavit states. Those clothes were kept by Campbell as evidence.
She was transported by ambulance for treatment at Geisinger Medical Center, Danville, where a rape kit test was performed. The clothing she wore to the hospital was also kept as evidence.
According to the affidavit, Campbell spoke with the accuser in the emergency waiting area where she said she did not have consensual intercourse and she did not think she knew the identity of her attacker.
Mull was identified as having been at the party, police said, but was not at his home when police attempted to serve warrants on Jan. 18 and Aug. 12. One was successfully executed Aug. 17, when a swab sample was obtained from Mull's mouth.
DNA testing performed on the accuser, on the accuser's clothing and on the swab sample link Mull to the alleged attack.
The incident occurred on land owned by Reading Anthracite Coal Co., located behind Mount Carmel Area High School. The property is private and has been posted as such in the past, police said.
Mull was taken back to Columbia County Prison, where he is being held on unrelated charges.