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WILKES-BARRE &mdash; An attorney defending a Hanover Township woman accused of coughing and spitting saliva on food items inside a supermarket earlier this year believes prosecutors have misapplied the law.
				Margaret Cirko, 36, of Tomko Avenue, is facing a weapons of mass destruction charge including terroristic threats, criminal mischief and criminal attempt to commit retail theft in Luzerne County Court.
				Hanover Township police alleged Cirko entered the Gerrity&rsquo;s supermarket on Sans Souci Parkway on March 25 and yelled, &ldquo;I have the virus, you&rsquo;re all going to get sick,&rdquo; and proceeded to spit and cough on food items.
				Joe Fasula, co-owner of Gerrity&rsquo;s, said at the time an estimated $35,000 worth of food had to be discarded.
				The alleged incident happened shortly after Gov. Tom Wolf ordered a state of emergency due to the coronavirus pandemic.
				Cirko&rsquo;s attorney, Thomas S. Cometa, filed a pretrial motion Thursday seeking the dismissal of the weapons of mass destruction charge, arguing the law does not include bodily fluids.
				Cometa stated in the motion that jury instructions define a weapon of mass destruction as &ldquo;a bomb, biological agent, chemical agent, or nuclear agent,&rdquo; adding a biological agent is further defined as &ldquo;a natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus or microorganism that causes infections, disease, or bodily harm.&rdquo;
				First Assistant District Attorney Sam Sanguedolce and Assistant District Attorney Drew McLaughlin argued after Cirko&rsquo;s preliminary hearing held June 25 before District Judge Joseph Halesey that they only need &ldquo;a threat&rdquo; to pursue the weapons of mass destruction charge against her.
				Cirko tested negative for COVID-19 following the alleged incident.
				&ldquo;(Prosecutors) argue the mere fact that Ms. Cirko said she &lsquo;has the virus&rsquo; is sufficient proof and no device or container is required to transport and release the biological agent. The defendant is apparently the container and means to dispense the biological agent, which was not confirmed to be present,&rdquo; Cometa wrote in the motion.
				Cometa stated the charge, threat to use weapons of mass destruction, implies to some type of device or weapon to dispense a dangerous agent that will harm a large number of people.
				&ldquo;It is the defense argument that some type of bomb, container or device is needed to constitute a weapon of mass destruction and the statute does not clearly indicate a person&rsquo;s body or bodily fluids were intended to satisfy the requirements for this crime,&rdquo; Cometa wrote.
				Cirko is scheduled to be formally arraigned on the charges Monday before President Judge Michael T. Vough. She remains free on $50,000 bail.

Attorney seeks dismissal of weapons of mass destruction charge against alleged supermarket spitter