WAYNE COUNTY -- Ken Witkowski avoided trial on perjury and fraud charges last year in Wayne County when a doctor declared him incompetent to stand trial.
But prosecutors now say they have new information that could send Witkowski back to court.
Prosecutors claimed Witkowski staged a hit and run behind a bar in Hamlin in 2015 and then claimed he was hurt so he could collect insurance money.
As he was headed to trial last November, a psychiatrist found Witkowski incompetent to stand trial.
But a local woman claims Witkowski was competent enough to scam her this summer.
Mark Bufalino is a defense lawyer and former candidate for judge in Luzerne County. He says the Witkowski case is unusual.
According to court papers, a woman in Lackawanna County claims Witkowski, who is married, contacted her through an online dating site in June using the name of Ken Castango.
She says the two had five dates and claims Witkowski scammed her out of $2,600.
"It would definitely cause one to pause to say, 'maybe he's not as incapacitated as one would believe,'" said Bufalino.
One of Witkowski's alleged victims asks how a man declared incompetent to stand trial nine months ago could be smart enough to con and swindle a single mother.
The psychiatrist who found Witkowski incompetent last year says privacy laws prevent him from commenting.
"Ken Witkowski is a predator," said one victim.
In 2012, two women were awarded more than $100,000 after telling a court Witkowski romanced them, got engaged to them, and then swindled them out of their life savings.
They called him "the thief of hearts."
"He uses women, and insurance companies to front his lifestyle," said another victim.
In court last year, Witkowski was escorted by a service dog and claimed he was too disabled to work.
But the woman who says she was scammed this summer says Witkowski claims he worked buying and flipping houses and did not have a service dog with him on their dates.
Prosecutors hope this testimony will help prove Witkowski competent enough for the trial he was able to avoid last year.