FRACKVILLE - The preliminary hearing for Sean D. McCormack scheduled for Wednesday was continued until next week by Magisterial District Judge Christina E. Hale, Frackville.
McCormack, 47, of Frackville, faces charges filed by Frackville police in the alleged theft of $45,006.92 from Frackville American Legion Post 398. The amount was determined by a certified accountant's review of Legion checking and savings accounts involving small games of chance and that the funds were not deposited. The date range is from Jan. 1, 2012 to Oct. 31, 2013.
The Frackville Legion Home Association contacted Frackville Officer-in-Charge Sgt. Marvin Livergood on June 4, 2013, about the missing funds. The investigation led to Livergood filing the following charges against McCormack on Dec. 13: theft, receiving stolen property, theft by failing to make required disposition of funds, and tampering with records or identification.
McCormack remains free on $15,000 unsecured bail set by Hale at the time of his arraignment.
The preliminary hearing had been scheduled for 11:20 a.m., but the hearing began about 12:30 p.m. During that time period, a private room adjoining the courtroom was used by McCormack's attorney, Robert C. Trichilo, of the law firm of Brady & Grabowski P.C., Wilkes-Barre, and Schuylkill County Assistant District Attorney William L. Burke, with others brought in, including McCormack and Livergood, from time to time, to apparently discuss the case.
When Hale called for the preliminary hearing to begin, Burke presented a joint motion to Hale on behalf of both parties to continue the hearing until another week. Hale expressed her reluctance in granting the request.
"I am reluctant to one more continuance in this case, but since the motion was jointly made, I will agree and continue the hearing until next week on March 5 at 11:30 a.m.," Hale said.
Hale then said, "There will not be another continuance."
Outside Hale's office, Trichilo said there is additional evidence in the case provided to him that needs to be reviewed by him and his client.
"We're talking to the ADA about the evidence in the case," said Trichilo, who did not give any details.
"It's a shame that people are charged with crimes and there is a push to judgment," Trichilo said, referring to McCormack. "There is a presumption of innocence until being proven guilty. He (McCormack) is not guilty."