by peter e. bortner
A state prison inmate could spend more time behind bars after being convicted Wednesday in Schuylkill County Court of participating in a plan to smuggle drugs into the institution.
Waylon E. Drey, 28, of Frackville, did not react as a jury of seven women and five men found him guilty of two counts of criminal solicitation and one of criminal use of a communication facility. Jurors deliberated less than 30 minutes before finding Drey guilty.
Judge James P. Goodman, who presided over the two-day trial, ordered preparation of a presentence investigation and said he would sentence Drey, who did not testify during the trial, within 60 days.
State police at Frackville charged Drey with convincing Alicia Rivera to smuggle heroin and Suboxone, a prescription drug, into State Correctional Institution/Mahanoy on Jan. 25, 2013.
Rivera, who had pleaded guilty to participating in the plot, testified against Drey, and Claude A.L. Shields, Pottsville, Drey's lawyer, said in his closing argument that jurors should not rely on her testimony for anything.
"No reasonable person can convict anybody of anything based on the testimony of Alicia Rivera," Shields said. "She told various stories."
Furthermore, no one can successfully smuggle drugs into a state prison because of the multiple security measures in force, according to Shields.
"You can't believe that this was possible," he said.
However, jurors accepted the argument of Assistant District Attorney Debra A. Smith that the evidence clearly demonstrated what Drey had done.
"We've got a perfect match. We've got everything fitting in here," Smith said. "You don't have to like Alicia, but it was done, and it was done at his request."
Tapes of the conversations proved Drey asked Rivera to bring in the drugs, Smith said.
"He was setting it up. He helped. He determined how to (do it). He assisted her," Smith said of Drey.
After the verdict, Smith complemented the police and the jury.
"I'm very grateful for the law enforcement and the fabulous job they've done," she said. "I'm grateful that the jurors were able to grasp the concept and the evidence, and that justice was done."