Lawyer accused of raping client asks judge to suppress evidence
NORRISTOWN>> A Montgomery County criminal defense lawyer accused of sexually assaulting a female client is waging a battle to prevent certain alleged prosecutorial evidence from ever getting to a jury. Vincent A. Cirillo Jr., 56, of the 1100 block of Maplecrest Avenue, Lower Merion, through his lawyer, Nino V. Tinari, claims detectives, acting without a valid warrant and without probable cause, conducted searches in violation of his constitutional rights.
“Law enforcement officials seized physical evidence, which the commonwealth intends to introduce at trial, incident to, and as a direct result of, an unlawful search,” Tinari wrote in papers filed in Montgomery County Court on Thursday.
“Since officers did not possess reasonable suspicion or probable cause to conduct a search, any evidence recovered, or statements made by defendant, should be suppressed as the result of an illegal search,” Tinari added.
Judge Steven T. O’Neill has not yet scheduled a hearing on the pretrial matter. Cirillo’s trial is set to get under way on March 21.
Cirillo, who has a law office on East Penn Street in Norristown, has pleaded not guilty to charges of rape of an unconscious victim, rape of an impaired person, involuntary deviate sexual intercourse, sexual assault, indecent assault and making false statements to authorities in connection with allegations he sexually assaulted an impaired female client Aug. 3, 2015, at the woman’s West Norriton residence.
Assistant District Attorney Stewart Ryan is prosecuting the case.
After the charges were lodged against him in August, Cirillo said his “side of the story has not come out yet,” andhe vowed to fight the charges and to continue representing his clients. Cirillo remains free after posting $100,000 bail.
Cirillo is the son of the late Vincent A. Cirillo, a former Lower Merion commissioner, county prosecutor and judge who went on to be president judge of the Pennsylvania Superior Court from1986 to 1990. An investigation began Aug. 6 when a 22-yearold woman reported to West Norriton police that she was raped by Cirillo on Aug. 3 in her township residence where Cirillo met her for legal consultation and after alcohol was consumed, according to an arrest affidavit filed by West Norriton Detective Sergeant Michael Mc Gettigan.
The woman stated to investigators that she suspected Cirillo placed a substance in her drink that impaired her, according to the criminal complaint. Cirillo is not charged with drugging thewoman. Thewoman claimed when she was alone in the residence with Cirillo she “blackedout” about 9p.m.
“She had no memory of what happened for the remainder of the night. Although she had no specific recollection, she suspected she may have been sexually assaulted by Cirillo after blacking out,” McGettigan alleged in the arrest affidavit. “The victim stated to investigators that she did not consent to any sexual contact with Cirillo.”
The woman, detectives alleged, communicated with Cirillo by phone and text messages in the days following the incident.
“The victim stated that it was during these communications that Cirillo acknowledged that he and the victim had sex,” McGettigan alleged.
During the investigation, with the knowledge of detectives, thewoman arranged to meet with Cirillo at her residence on Aug. 8, court papers revealed. The conversation Cirillo had with the woman while alone with her inside the residence “was successfully intercepted and recorded” by detectives, court papers indicate.
During the taped conversation, Cirillo told the woman he helped her to her bedroom and “repeatedly confirmed he had engaged in sexual intercourse with the victim” and assured her hewas careful to avoid pregnancy and that he did not have any sexually transmitted diseases, McGettigan alleged. Cirillo, detectives alleged, also photographed the woman in her bed over a 25-minute period during and after the sexual assault. Investigators seized seven digital photos from Cirillo’s phone and alleged the underwear clad woman “appears to be completely unconscious,” court papers indicate. When confronted by detectives, Cirillo allegedly admitted to performing a sex act on the “highly intoxicated, semiconscious” woman in her bed. However, contrary to what he said during the recorded conversation, Cirillo denied having intercourse with the woman, according to court papers.