WILKES-BARRE — A woman who threatened to expose a self-made sex tape with an attorney unless she was paid money received a state prison sentence on Thursday.
Luzerne County Judge Joseph F. Sklarosky Jr. sentenced Emily Ann Merth, 27, to one-to-three years in prison on a charge of criminal attempt to commit theft by extortion. Merth pled guilty to the charge Dec. 2.
County detectives in court records say Merth provided sexual services to David Eric Schwager, 59, inside a Carey Avenue, Wilkes-Barre, residence on Dec. 30, 2019.
Schwager noticed Merth was recording and asked her to stop before leaving, court records say.
Merth allegedly told Schwager she films pornography that she sells for money.
After Schwager left, Merth learned of Schwager’s standing in the community as an attorney and threatened to release the video unless he paid $1,000.
Schwager contacted county detectives, who set up surveillance of the Carey Avenue residence where Merth was arrested.
Without saying Schwager by name, Merth apologized to the victim, blaming her actions on an addiction and noting she has been sober for one year and is eager to continue her focus on life.
In an attempt to mitigate the sentence, defense attorney Jonathan Blum, said Merth lived in many foster homes as a child and teenager, seeking time served or up to nine months in jail on her behalf.
Assistant Brian Coleman asked for a higher sentence, noting Merth’s prior criminal history.
Sklarosky explained his sentence noting Merth failed to appear at a previous sentencing hearing, she elevated a prostitution offense into an extortion offense and has faced multiple offenses in other counties.
Schwager, who resigned as president of the Pennsylvania Bar Association, was charged with patronizing a prostitute. In July 2021, he was sentenced to the county’s Accelerated Rehabilitation Disposition program for first time non-violent offender for one year. The charge can be expunged upon completion of the program.
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