It could be 2021 before former Scott Twp. Police Chief James Romano starts serving his sentence for hindering prosecution.

Lackawanna County President Judge Thomas Munley agreed Monday to defer Mr. Romano's sentencing until the state confirms that the former chief will receive his pension, a determination that may not be made until Mr. Romano turns 50 in seven years.

His attorney, Frank Ruggiero, said the State Employees Retirement System typically does not issue decisions before employees come of age to claim pensions, but he would make efforts to secure a decision as soon as possible. If so, sentencing could take place before 2021.

Mr. Romano, who was accused of having a sexual relationship with a witness in a case he was investigating in 2013, pleaded no contest in November to a charge of hindering prosecution.

The same month, special presiding Judge Harold Kane accepted an agreement that allowed Mr. Romano to withdraw his plea if he does not receive his pension.

Monday marked the fifth meeting to determine if and when Mr. Romano would be sentenced, Mr. Ruggiero said.

During those meetings, Mr. Ruggiero and several lawyers from the attorney general's office debated whether that agreement had been reached. Both sides agreed that allowing Mr. Romano the option to withdraw his guilty plea if there is a problem with his pension years later is unprecedented.

After Judge Munley took the case in April, he spoke with two lawyers from the attorney general's office, who said that Deputy Attorney General Daniel Dye had not intended to accept that deal or the sentencing delay.

Judge Munley said he read the transcript of the November hearing "15 times," before hearing from Mr. Ruggiero and Mr. Dye Monday.

Mr. Dye said he had not intended to agree to a probationary sentence in November, but rather left it in the hands of Judge Kane. He said the pension provision had been promised by Judge Kane, not the attorney general's office.

"When he makes promises, what can I do?" Mr. Dye asked.

While Judge Munley said he probably wouldn't have agreed to the plea agreement, he upheld it Monday.

"Mr. Romano will not be sentenced until it's determined what happens to his pension," Judge Munley said.

He will also allow Mr. Romano to withdraw his plea if he does not get his pension.

After the hearing, Mr. Ruggiero said it was a unique situation for a unique case. If he can get a ruling from the state on the pension in advance of 2021, he will.

"Obviously it's taken a toll on him," Mr. Ruggiero said of his client. "It's taken a toll on his family.

"It makes it difficult to move on."

After the hearing, Mr. Dye declined to comment, pointing out that until sentencing, it remains an open case.

Mr. Romano remains free on bail until his sentencing.

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