HARRISBURG - The trial for a retired Mount Carmel policeman indicted in September on federal child pornography charges has been continued for a second time.
Jury selection and the trial for a case involving Blaine R. Handerhan, 55, of Jonestown, Lebanon County, which was scheduled to begin Monday before Judge William W. Caldwell in U.S. District Court in Harrisburg, has been continued until 9:30 a.m. Monday, June 20, at the request of Handerhan's attorney, Matthew R. Gover, of Harrisburg.
Gover requested the continuance April 4 and it was not opposed by Assistant United States Attorney James Clancy, who is prosecuting the case.
Gover also submitted a motion Tuesday to modify conditions of Handerhan's release that would allow him to be outside his home between 10 a.m. and 5 p.m. pending trial.
In his motion, which has not been ruled on by Caldwell, Gover said Handerhan has voluntarily been evaluated by TRIAD treatment specialists and undergone extensive testing. As a result of the testing, Gover said professional counselors concluded that Handerhan would not be at increased risk of sexual recidivism if he were allowed to have more flexibility from his supervision between 10 a.m. and 5 p.m.
Gover said the current restrictions on his client have created a serious hardship for Handerhan's ability to raise his children.
The attorney said he provided Clancy with a copy of his motion, but has not yet received a response regarding his position.
Handerhan pleaded not guilty to the offenses on Nov. 2 before Magistrate Judge J. Andrew Smyser, who released the defendant but with restrictions.
The defendant's trial was initially scheduled for Jan. 10, but it was continued until April 18 at Gover's request before being postponed again.
Handerhan was charged with possession of child pornography and distributing child pornography over the Internet by the U.S. Attorney's Office after a grand jury indicted him Oct. 13.
The two-page indictment alleges that on or about Oct. 19, 2005, in Lebanon County, Handerhan knowingly distributed and attempted to distribute child pornography, and that he knowingly possessed material containing images of child pornography.
The child pornography charges against Handerhan stem from an investigation by the Internet Crimes Against Children Task Force, Pennsylvania State Police and the Federal Bureau of Investigation. The case developed as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the U.S. Department of Justice.
Led by the U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.
Each charge carries a maximum fine of $250,000. The possession charge involves a maximum jail sentence of 10 years, while the distribution charge can result in a prison term of five to 20 years.
About 20 years ago, Handerhan was charged but later acquitted of the sexual assault of a teen-age girl.
Handerhan, who has been free since the charges were filed, was ordered by Smyser to continue to undergo psychiatric counseling and placed under supervision by the pre-trial service agency of the court.
The judge ordered Handerhan to be confined to his home under an electronic monitoring system, with a few exceptions, including medical appointments and religious services. Smyser established a 10 p.m. curfew for the former officer.
Handerhan, who served as a Mount Carmel policeman for 30 years before retiring on Oct. 30, 2005, at the rank of lieutenant, was ordered to avoid all contact with victims or witnesses in the case and any child under the age of 18, except his own children. He was restricted to travel only in counties in the Middle District Court of Pennsylvania and ordered to surrender any passport, which Handerhan told the judge he did not possess.
Handerhan also was ordered to surrender any firearms or other dangerous weapons.
The defendant must pay all costs associated with the electronic monitoring system and cannot possess a computer or have any access to the Internet. He also will have his cell phone monitored under the restrictions set by the judge.