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WILKES-BARRE &mdash; Former Pittston Area band director Brendan J. Carter, convicted on multiple sex offenses involving children, was in court Thursday to hear he has been classified as a violent sexual predator.
				The official designation ultimately lies upon Luzerne County Judge Joseph F. Sklarosky, who continued Carter&rsquo;s proceedings until June.
				Sklarosky continued two hearings for Carter - sexual assessment and sentencing - due to disputed dates raised by Carter&rsquo;s attorney, Andrew Joseph Katsock III.
				Katsock claimed he was never notified the state&rsquo;s Sexual Offender Assessment Board was conducting an assessment to determine if Carter is a violent sexual predator or a sexual offender. Sklarosky&rsquo;s decision on Carter&rsquo;s assessment would require him to register his address, employment and vehicle for the remainder of his life or for 25 or 15 years under the state&rsquo;s Megan&rsquo;s Law.
				Thursday&rsquo;s hearing involved arguments between Katsock and Assistant District Attorney Nancy Violi over faxes and phone calls. The two opposing attorneys went back-and-forth until Sklarosky called them into his chambers for a private talk before recessing to allow Violi to find a court filing related to the case.
				After a 20 minute break, Sklarosky continued Carter&rsquo;s proceedings until June 3, advising the attorneys he will not issue any more continuances unless there is an emergency shut down due to the coronavirus pandemic.
				Katsock said if he was notified the state&rsquo;s Sexual Offender Assessment Board wanted to interview Carter, he would have allowed it.
				&ldquo;I&rsquo;m at a loss on how a proceeding (sexual assessment) can be held today,&rdquo; Katsock said. &ldquo;It&rsquo;s not an accurate report without interviewing the defendant.&rdquo;
				Rebutting Katsock&rsquo;s claims, Violi had a paper trail indicating Katsock was notified several times the state Sexual Offender Assessment Board reached out to him.
				Violi said the first notification was mistakenly sent to another attorney but was quickly corrected and sent to Katsock. Violi said the state Sexual Offender Assessment Board sent Katsock a letter dated Oct. 16, with follow up phone calls on Oct. 23 and Nov. 6, requesting to interview Carter.
				Paula Brust, a member of the state Sexual Offender Assessment Board, said Katsock never responded to the letter and phone messages.
				Katsock claimed he never received the letter and messages from the assessment board.
				Violi said Katsock received the assessment board&rsquo;s report, dated Dec. 22, indicating Carter meets the criteria of a sexual violent predator. Even if Katsock did not receive the Dec. 22 report, Violi said Katsock received the report when a supplement report was sent to him on Feb. 10.
				&ldquo;Our position today is defense counsel has known since Dec. 22 that the defendant meets the criteria of a sexual violent predator. The Commonwealth sees this as another delay attempt by the defense,&rdquo; Violi said.
				Violi further noted the state Sexual Offender Assessment Board can issue a report without interviewing defendants convicted of sex offenses. 
				Carter&rsquo;s sexual assessment and sentencing hearings have been continued multiple times, mostly due to the COVID-19 shut down order.
				A jury on Oct. 2 convicted Carter, 21, of Falls Township, on 22 sex offenses following a week long trial.
				Luzerne County detectives arrested Carter in October 2018 on allegations he sexually assaulted and played sexual type games with students in the school&rsquo;s band or private music lessons. Carter was also charged as more victims came forward.
				Details of the sexual acts were graphic.

Former band director convicted of child sex offenses challenging Megan’s Law hearing