WILKES-BARRE — A criminal case thought to be resolved may get new legs.
Robert Kowaleski, 39, through his attorney, Scott K. Hampton, filed a motion seeking to withdraw his guilty plea to charges of defiant trespass and criminal attempt to commit indecent assault. Kowaleski was sentenced July 17 by Luzerne County Judge Micheal T. Vough to six-to-23 months at the county correctional facility.
The charges filed by Nanticoke police alleged Kowaleski followed two women separate times into a restroom inside Weis Market at Weis Plaza on Dec. 29, 2024, and propositioned a female employee at Rite Aid Pharmacy in Nanticoke to join him in a restroom for sexual relations, according to court records.
In the motion requesting to withdraw his guilty plea, Kowaleski claims his earlier admittance of guilt was not voluntarily made. Kowaleski claimed in his motion he was “asking” the women for their consent to provide sexual favors as it says in the criminal complaint.
When Kowaleski was sentenced, he was ordered to register his address for 15 years under the state’s Sexual Offender Registration and Notification Act.
After the sentencing hearing, Assistant District Attorney Rachel Spivack on Aug. 25 filed a motion to vacate Kowaleski’s sentence and have him resentenced to include being deemed a sexually violent predator based on an evaluation from the state’s Sexual Offender Assessment Board.
The report from the Sexual Offender Assessment Board was not available when Kowaleski was sentenced July 17.
“…it is this board member’s professional opinion within a reasonable degree of professional certainty that Mr. Kowaleski does meet the criteria to be classified as a Sexually Violent Predator under Pennsylvania Law,” according to the SOAB report.
While the report says Kowaleski meets the criteria as a violent sexual predator, the decision is made by a Court of Common Pleas judge.
Vough scheduled…



OTTAWA—Mayor Shelley Ann Bentley, MPP Bobbi Ann Brady, and Councillor Brad Adams discussed critical infrastructure issues like the Argyle St. bridge with Transportation Minister Prabmeet Singh Sarkaria.