Selinsgrove man on trial for sexually assaulting a child pleads guilty after potential witnesses caught eavesdropping

Apr. 12—MIDDLEBURG — Midway through a jury trial in Snyder County Friday afternoon, a Selinsgrove man admitted having sex with a child.

Robert C. Swaggerty, 46, made the admission after the now 16-year-old victim testified that he sexually abused her on multiple occasions when she was between 10 and 14 years of age.

Her testimony, however, didn't prompt Swaggerty to plead guilty to felony statutory sexual assault before the trial had ended.

In a strange twist, it was the actions of two defense witnesses, Swaggerty's wife, Vikho Swaggerty, and Danielle Foss, of Selinsgrove, that led to the plea amid the trial.

During the victim's testimony, deputy Mark Kuhns, who was seated near President Judge Lori R. Hackenberg, noticed on cameras within his view that people in the hallway outside the courtroom were leaning with ears pressed against the courtroom doors.

All trial witnesses were sequestered, which meant they were not allowed in the courtroom during testimony and were ordered by the court not to discuss any details about the case with anyone during the trial.

Following the noon break, Hackenberg addressed the issue of two potential witnesses trying to listen to testimony with District Attorney Heath Brosius and defense attorney Roger Laguna Jr., of Harrisburg.

Due to the "emotionally charged case," Brosius said he was concerned that there may have been a violation of the sequestration order which if proved, could carry a jail term of up to six months and a fine, and asked the judge to take action.

Reviewing a still photograph taken from the surveillance video, Laguna identified Foss as one of the individuals leaning in at the courtroom door but said he couldn't identify the second person.

Swaggerty leaned over and told him, "It's my wife."

Out of earshot of the jury, Kuhns was called to testify about what he observed on the camera and said the individuals were seen pressing their ears against the courtroom doors for about 10 minutes.

Informed that both Foss and Vikho Swaggerty would not be allowed to testify at Robert Swaggerty's trial if they refused to answer the court's questions about their actions, Laguna agreed to have both questioned without the jury present.

Hackenberg advised Foss and Vikho Swaggerty separately that they did not have to answer questions without an attorney since they could open themselves to contempt of court and criminal prosecution.

Both declined to answer without an attorney and were dismissed by Hackenberg who advised the defense that neither would be allowed to testify at the trial.

"This just changed everything for us," Laguna said.

Moments later, a plea deal was reached with Robert Swaggerty admitting to sexually abusing the child and pleading guilty to second-degree felony statutory sexual assault.

Under the agreement, he could receive a county jail sentence of up to 14 months. He had been facing 20 felony charges.

Brosious said the guilty plea was a relief to the victim.

"She's pleased (Swaggerty) has accepted responsibility and told the world what he did to her," he said.

A sentencing hearing will be held next month.