WILKES-BARRE – The president of the Pennsylvania Bar Association has resigned from his post, following publicity from his arrest and misdemeanor criminal charges for patronizing a prostitute who police allege tried to extort him.
David E. Schwager, 58, of Kingston and Emily Ann Merth, 25, were both charged by Luzerne County police authorities this week, in connection with an incident which took place on Dec. 30, 2019.
According to the criminal complaint, Schwager had answered an advertisement for an escort, went to a home in Wilkes-Barre and paid Merth to engage in sexual activity. During the encounter, Schwager noticed that Merth was recording the proceedings on her cell phone.
When Schwager questioned the purpose behind Merth’s recording, Merth said that she records pornography and sells the videos for money. Though Schwager told Merth he did not want to be recorded, the complaint said Merth refused to stop recording entirely and added she would only create an audio recording of the encounter.
Schwager then left the residence and received a text message demanding he pay Merth $1,000 or she would release the video. Later, Merth reduced the amount to $700.
Schwager went to police and confessed to the encounter, and provided information about Merth’s alleged extortion attempt. Merth was arrested in a sting operation when Schwager returned to the residence to pay Merth the requested $700, admitted she created the escort advertisement and to the sexual encounter. The video of Schwager’s sexual encounter with Merth was found on her cell phone.
Schwager was charged Monday with patronizing a prostitute and Merth was charged with prostitution, theft and sexual extortion. Both individuals will face a preliminary hearing on their respective charges.
Merth also faces a separate set of charges in York County, including burglary, robbery, theft, simple assault and criminal conspiracy. Police there say Merth was a participant in a criminal enterprise where a man was lured to a motel with the promise of sex, but in actuality, was beaten and robbed.
Pennsylvania Bar Association Executive Director Barry M. Simpson issued a statement on the matter on Tuesday evening.
“Earlier today, our leadership team was notified that a misdemeanor charge was filed against the 2020-21 president, David Schwager. He has resigned. While the charge is troubling, every person accused of a crime is considered innocent until proven guilty, and we have confidence in the operation of our justice system,” Simpson said.
“Following our association bylaws, 2020-21 President-elect Kathleen D. Wilkinson has automatically become the president and will subsequently begin her planned term as the association’s 2021-22 president at the close of our House of Delegates Meeting on May 21. To our members, your leadership team is extremely well-versed on the many initiatives, programs and activities of this association and will carry forward as planned.”
Schwager, employed as a Luzerne County assistant solicitor, was placed on administrative leave without pay by the County.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com