CLARKSBURG, W.Va. — The trial of a suspended Harrison County magistrate has been continued, due predominately to the illness of a defense attorney.
Mark Gorby is now scheduled to face five counts of sexual abuse by a parent, guardian or person in position of trust beginning June 27 after a motion was granted Friday afternoon.
Defense attorney Tom Pavlinic, who appeared via conference call, explained to the court that he had been suffering from a serious case of pneumonia and by doctors orders has not been practicing since February 1.
On behalf of the state, Special Prosecutor Marcia Ashdown –appointed to the case out of Monongalia County– did not object, characterizing the delay as “reasonable.”
After coordinating the schedules of the judge, counsel and potential witness, appointed judge Thomas W. Steptoe, Jr. determined June 27 at 9 a.m. would be the ideal time to begin jury selection.
A pretrial hearing was scheduled for 1 p.m. on May 3.
The state alleges that between 2005 and 2009, Gorby sexually abused an underage girl who at the time was his stepdaughter living in his home.
He was arrested back on October 9, 2014 based on the testimony of the accuser and her mother, Gorby’s now ex-wife, who claim he forced sexual intercourse on the accuser multiple time from the time she was eight years old until she was 12.
The accuser reportedly first spoke of the alleged incidents back in August of 2014 while she was seeking treatment for heroin use.
If convicted on all charges, he faces 10 to 20 years in prison per count.
Gorby has maintained his innocence throughout the process.
His status as a suspended magistrate remains and his campaign to seek re-election in the upcoming May Primary will continue despite the trial now scheduled to take place afterward.
Speaking to reporters after Friday’s hearing, he anticipated the possibility of the trial being continued to after May but intends to run after “considering a lot of things.”