A local man called off his attempt to have evidence suppressed and headed off the possibility of facing more charge by pleading guilty to sex charges in two cases.

Patrick M. “Marty” Whalen, 40, formerly of Brookfield and Sharpsville, pleaded guilty to charges of involuntary deviate sexual intercourse, statutory sexual assault, indecent assault and two counts of corruption of minors Monday at what was supposed to be a suppression hearing.

The IDSI charge comes with a mandatory minimum of 5 years in prison, and Mercer County Common Pleas Court Judge Thomas R. Dobson told Whalen that, if all sentences are imposed with consecutive terms, he could be jailed for up to 42 years.

Whalen admitted having anal and oral sex with an 8-year-old girl, performing oral sex on a 3-year-old boy and showing a 13-year-old girl pornographic movies. These crimes occurred between July and Aug. 5, 2005, in Sharpsville.

Whalen, a 1985 Brookfield High School graduate, also admitted rubbing his groin against a woman who had bent over March 26, 2005, in Hermitage.

Assistant District Attorney D. Neil McEwen withdrew charges of one count each of IDSI and aggravated indecent assault, four counts of indecent assault, and two counts each of sexual abuse of children and corruption of minors.

McEwen said there were extensive plea negotiations in this case and, with the plea, the DA’s office agrees not to file more charges.

Dobson referred Whalen to the Megan’s Law Review Committee for evaluation as to whether he is a violent sexual predator. If he is deemed a violent sexual predator, Whalen will face a lifetime of registering his whereabouts to state authorities. He will have to report for at least 10 years when he is released from prison.

Assistant Public Defender Charles F. Gilchrest also asked that Whalen undergo a mental health evaluation prior to sentencing. Gilchrest said Whalen had been evaluated by Dr. Christine Martone over the summer to determine if he was competent to stand trial. Dobson ordered a follow-up evaluation by Dr. Martone.

Dobson set sentencing for 9 a.m. Jan. 25.

The investigation that led to charges against Whalen was opened when Hermitage police received a report by an 18-year-old woman, the same woman Whalen admitted to indecently assaulting. The woman said she had been assaulted by Whalen when she was 11.

“She came forward basically because she thought it was going on someplace else and she was concerned about the welfare of other children,” Hermitage Police Chief Patrick B. McElhinny said in January.

During the investigation, Hermitage police determined Whalen might have committed other crimes and notified Sharpsville police, who brought in state police and Mercer County Children and Youth Services.

State police said an 8-year-old girl told them Whalen would baby-sit her and her 3-year-old brother when their mother was working. She detailed sexual contact with her and her brother by Whalen that occurred “a lot of times,” police said.

The girl said Whalen also had her and her brother engage in sexual contact, police said.

A 9-year-old girl and a 13-year-old girl said that, on occasions when they went to visit the 8-year-old girl, Whalen had them look at pornographic magazines and watch a pornographic movie, police said.

The 9-year-old girl also said Whalen showed her a sex toy, police said.

Police said they searched what the children said Whalen called his “treasure chest” and found pornographic videos and films and sex toys.

Whalen recorded on film and video sex acts involving the brother and sister, and the girls looking at pornographic magazines, watching pornographic movies and handling a sex toy, police said.

Gilchrest had been arguing that Hermitage police coerced a confession from Whalen and that three of the charges were past the statute of limitations. He also had alleged state police did not have a valid search warrant when it found the chest.

Recommended for you