Dec 13, 2016 3 min read

WAYNESBURG – A Nemacolin man pleaded guilty Tuesday to having sex with a 12-year-old girl earlier this year.

As part of a plea agreement with the Greene County district attorney’s office, Martin Folan Jr., 21, of 45 Bliss Ave., pleaded guilty to nine of the charges against him, while 17 other charges, including five counts of rape of a child less than 13 years old, were withdrawn.

“We had a sexual relationship,” Folan said in court before Greene County Judge Lou Dayich.

Police arrested Folan after he allegedly kidnapped the girl in the early hours of March 26 from her Nemacolin home. He found her hiding in an upstairs closet and carried her out of the home over his shoulder, according to court documents.

Assistant District Attorney Brianna Vanata asked Folan if he understood that the girl wasn’t able to consent to the sexual activity because of her age.

Folan responded that he understood and pleaded guilty to unlawful contact with a minor, five counts of statutory sexual assault, corruption of minors, and indecent assault of a child less than 13 years old. He pleaded no contest to the charge of interference to custody of a child.

The district attorney’s office dropped the rape charges as well as eight counts of involuntary deviate sexual intercourse, aggravated indecent assault of a minor, burglary, reckless endangerment and indecent exposure.

In October, Dayich threw out Folan’s written and recorded confessions, saying in his order that the Cumberland Township police officers who arrested Folan used “unlawful enticement” to get Folan to talk. After hearing testimonies of Folan and township police Officer John Lingo during that suppression hearing, Dayich said he believed the officers continued to question Folan even after he requested an attorney following his arrest.

Following his plea Tuesday, Folan must now undergo an assessment to determine if he is a sexually violent predator. Dayich will sentence him following that assessment.

However, if sentenced according to the plea agreement, Folan would get 2 years, 3 months to 6 years in state prison with credit for time served over the past eight months. He will have to register as a sex offender for the rest of his life.

Vanata said that the victim and her mother approved of the plea agreement, but did not want to be in court Tuesday.

Folan’s father, Martin Folan Sr., cried in court as he watched his son plead guilty to the charges. Folan Sr., 41, of Clarksville, was also in court for his own case, in which he plead guilty to possession of cocaine and was sentenced to one year of probation and random drug testing.