Judge rules statute of limitations had expired in foster rape case uncovered by Target 11

PITTSBURGH — Matilda Gilbert Omiecinski won’t face trial in April after the Allegheny County District Attorney’s office withdrew sexual abuse charges against her.

The move comes after a judge ruled the statute of limitations had expired in her ex-husband Carl Gilbert’s case, and the judge said he could no longer be charged with the crimes.

The district attorney’s office told Target 11 her charges were based on his, so they would not survive the statute of limitations challenge.

“My reaction was wow, wow, because throughout the journey of the case that I had until the age of 51,” said Carlina Freeman.

Police filed charges against Gilbert and his ex-wife, Matilda Omiecinski, after Freeman alleged to Target 11 last year that she had been raped and impregnated by Carl Gilbert when she was a 14-year-old foster child in their care. Gilbert said the sexual abuse began when she was 9 years old and went to live with the Gilberts.

Freeman provided Target 11 with a paternity test that confirmed Gilbert was the father, along with a court paper signed by an Allegheny County judge stating he was the father. But Freeman said no charges were filed then.

Allegheny County Children, Youth and Families has declined comment, citing confidentiality laws.

After our reporting, county police launched a criminal investigation and filed charges against Gilbert, who was living in Maine; and Omiecinski, from Ohio, who they allege participated in some of the abuse.

The defense argued the statute of limitations began the day after the crime, and so the charges have since expired, but prosecutors claimed it didn’t start until Gilbert was identified as the father, and therefore the charges are still active.

Judge Bruce Beemer sided with the defense, but in an eight-page opinion, said he believes they system failed Carlina Freeman years ago.

“The number of failures perpetrated ... defies common understanding and is beyond comprehension. The history of this case ... demonstrates an appalling lack of oversight by the very agencies in charge of protecting against abuse,” wrote Beemer.

“Him saying that, that kind of made me feel like if the statute of limitations wasn’t the way they were today, that it would have proceeded,” said Freeman.

Target 11 reached out to Omiecinski’s attorney, but hasn’t heard back from him.

Carl Gilbert is still under investigation by authorities in Cleveland for an alleged abuse involving another foster child. No charges have been filed in that case, but a spokesperson for Cleveland Police told Target 11 several weeks ago that the case is still under investigation.

Target 11: Allegheny Co. rape investigation sparks similar one in Cleveland

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