SUNBURY - A Sunbury man accused of raping his ex-girlfriend was released from prison Monday after Northumberland County Judge Charles Saylor granted him nominal bail because prosecutors failed to bring his case to trial within six months of his arrest.
Benjamine Scott Scheller, 34, of 129 Reagan St., was granted release due to a violation of Pennsylvania Rule of Criminal Procedure 600, which requires defendants who are in prison to be tried within 180 days and ones who are free on bail to be tried within 365 days, The (Sunbury) Daily Item reported in Tuesday's edition.
The newspaper also reported that Scheller didn't object to Saylor hearing his case, even though the judge told Scheller he dealt with the victim and her family when he was once a volunteer track coach for the Shikellamy High School.
It is not the only potential conflict of interest in the case. The alleged rape victim currently dates suspended Point Township Officer Wade Lytle, who was the original arresting officer. Also, the victim is a cousin to Point Township Police Chief Joshua Van Kirk.
Those two facts led the case to receive much publicity last month.
After that, President Judge Robert Sacavage and President Judge William Wiest recused themselves because a secretary in the judges' office had been romantically involved with Lytle.
Scheller is charged with rape, sexual assault, aggravated indecent assault, indecent assault, terroristic threats, unlawful restraint, two counts of simple assault and false imprisonment.
He is accused of brandishing a semi-automatic handgun, zip-tying the victim to a chair and sexually assaulting her.
Scheller's attorney, Michael Rudinski, of Williamsport, said his client would be living with his aunt and uncle, and he will work as a sub-contractor remodeling homes with his uncle, The Daily Item reported.
Saylor ordered that Scheller must have no contact with the victim or her family and was not allowed to go near the school where the victim has ties, the newspaper reported.
The $1 bail was posted by Scheller's uncle following the 20-minute hearing.
Rudinski told The Daily Item a jury trial for his client should begin in February, but he wasn't sure if he would request the hearing in a different county due to the relationship of the three judges to either the victim or Scheller.