North Londonderry settles sex-assault suit [Lebanon Daily News, Pa.]
Feb. 25--North Londonderry Township has settled a lawsuit with the family of two 4-year-old Dauphin County girls who were sexually assaulted by former township police Officer Michael Fernsler in 2006.
The township's insurance company, EMC Insurance, determined it was in the best interest of all involved to resolve the case, according to township attorney John P. Gonzales of Marshall, Dennehey, Warner, Coleman & Goggin of King of Prussia.
Fernsler, 36, formerly of Annville, had worked for North Londonderry from 2003 to 2005. He also performed at local charity events as Chuckles the Clown.
Currently, Fernsler is serving a 26- to 52-year sentence as a result of his conviction in the case. He also will serve an additional 12 to 35 years for the abduction and attempted rape of a 14-year-old girl in the township in 2007, while he was out of jail on bail.
According to the lawsuit, the girls' family claimed township manager Gordon Watts and police Chief Kevin Snyder knew Fernsler had viewed child pornography on his computer at work but did not investigate the incidents. Fernsler resigned in 2005, a year before the girls were assaulted.
Gonzales said Watts and Snyder denied knowledge of Fernsler's viewing child pornography on his work computer.
"Both had no knowledge or reason to believe that Mr. Fernsler would engage in the horrific acts that he committed and for which he will remain in jail for a long time," Gonzales said. "They were looking forward to a trial and an opportunity to present their case to a jury, and we were confident that we would prevail."
Under the settlement, the insurance company will pay the family $375,000 and all costs associated with the lawsuit, and the township will reinforce its no-pornography policy on township computers, Gonzales said. Both Snyder and Watts have been dismissed as parties in the case.
The family and the township met with a federal mediator on Jan. 28 to hammer out the settlement.
"Both sides made significant compromises, and I commend the family and their attorneys for their strength and perseverance through this difficult ordeal. They and their children were truly innocent victims of an evil predator," Gonzales said. "By settling the case, the children and their family are spared the difficulties of going to trial, and the township avoids the additional cost and inconvenience of further litigation. Both sides can move forward and begin the process of healing."
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