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<p>WILKES-BARRE &#8212; A potential pending lawsuit is causing problems in the upcoming trial for a teacher accused of choking a student at a Wilkes-Barre Area School District elementary school.</p><p>Brian Jay Fischer, 58, is accused of choking a 12-year-old boy at Leo E. Solomon-Plains Memorial Elementary in Plains Township in February.</p><p>Prosecutors say Fischer had his hands around the boy&#8217;s throat, citing surveillance footage captured of the incident. But Fischer&#8217;s defense attorney, Frank Nocito, claims the images show that Fischer&#8217;s hands were actually on the back of the boy&#8217;s neck.</p><p>Fischer is facing a single misdemeanor count of strangulation.</p><p>Earlier this week, prosecutors filed to have any potential reference to a possible civil lawsuit by the boy&#8217;s family blocked from the trial.</p><p>According to the motion, the boy&#8217;s family has consulted with a civil attorney. It says Nocito may attempt to reference this at trial.</p><p>Prosecutors argue any potential reference to the lawsuit would be &#8220;wholly irrelevant to the matter at hand, as it has no bearing on the facts that will be before the jury.&#8221;</p><p>Further, they say any introduction of testimony alluding to the potential lawsuit would be unduly prejudicial to the prosecutors&#8217; case and would confuse the jury.</p><p>In a counter motion filed Thursday, though, Nocito said the motion must be denied, citing case law from the Pennsylvania Supreme Court that rules such testimony admissible.</p><p>So far, there hasn&#8217;t been a response from Luzerne County Judge Joseph F. Sklarosky, who is presiding over the case. And as of Friday afternoon, no such lawsuit had been filed in Luzerne County Court.</p><p>Fischer&#8217;s trial is set to begin in January. He&#8217;s currently free on his own recognizance, and he&#8217;s suspended without pay from his school job.</p><style>
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<div class="neCaption">Fischer </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2018/11/web1_web1_fischer_mug-4_ne2018112184740293.jpg</photo0><caption0>Fischer </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Patrick Kernan</p><p>pkernan@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan</p></shirttailMeta></div>

Potential lawsuit focus of debate as trial looms for teacher accused of choking boy