A Pottsville man went free on Wednesday after a Schuylkill County jury acquitted him of selling crack cocaine in August 2012 in the city.
Caleb D. Green, 31, is not guilty of delivery of a controlled substance, possession with intent to deliver a controlled substance, criminal use of a communication facility and possession of a controlled substance, the jury of eight women and four men ruled after deliberating about an hour.
Pottsville police had charged Green with selling the cocaine on August 29, 2012, to a confidential informant in the 900 block of West Norwegian Street.
Two undercover police officers had testified that at least one of them had the confidential informant in sight for the entire deal.
However, Green testified he never sold any drugs to the confidential informant.
Judge Cyrus Palmer Dolbin presided over the one-day trial.
The trial was Green's second in the case.
On April 8, another jury could not reach a verdict on the same charges after deliberating about two hours. Judge John E. Domalakes, who presided over that trial, declared a mistrial.
Also in the county court, an Ashland man will spend more time on probation after having his probation revoked Tuesday.
William J. Smith, 31, must serve 23 additional months on probation, Judge James P. Goodman ruled.
Smith originally pleaded guilty on April 24 to possession of a controlled substance and possession of drug paraphernalia, with prosecutors withdrawing two additional counts of possession of a controlled substance and one count each of adulterated or misbranded controlled substance, disorderly conduct and violation of rules on commonwealth property. At that time, Goodman placed him on probation for 23 months and also sentenced him to pay costs, $100 to the Substance Abuse Education Fund, $50 to the Criminal Justice Enhancement Account and $302 restitution to the state police crime laboratory in Bethlehem, amounts Smith still must pay under the terms of Tuesday's sentence.
Tuscarora State Park officials charged Smith with possessing drugs and paraphernalia on June 2, 2012.
In another case, instead of going to trial, a Lehigh County man admitted Thursday in Schuylkill County Court that he was driving under the influence of alcohol and without a license in October 2012 in McAdoo.
Rene Torres, 30, of Allentown, pleaded guilty to DUI and driving without a license, with prosecutors withdrawing a charge of stop sign violation.
Judge Jacqueline L. Russell accepted the plea and scheduled Torres' sentencing for 3:30 p.m. Sept. 18.
McAdoo police charged Torres with DUI in a GMC sport-utility vehicle on Oct. 13, 2012, at West Washington Street and South Kennedy Drive in the borough. Police said Torres failed three field sobriety tests.
Russell told the jurors who had been scheduled to hear Torres' case that they had performed a valuable service in spite of the fact that the defendant pleaded guilty.
"I want to thank you. There is no case for you to hear," Russell said. "The fact that you're here is an incentive for him to plead guilty."
A New York City man admitted in Schuylkill County Court that he possessed marijuana in January in Pottsville, although three firearm-related charges remain against him.
Tyrone A. Brown, 38, pleaded guilty to possession of a small amount of marijuana.
Domalakes accepted Brown's plea and ordered preparation of a presentence investigation, but did not immediately schedule sentencing.
Pottsville police alleged Brown possessed the marijuana on Jan. 8.
However, Brown remains charged with prohibited possession of a firearm, carrying a firearm without a license and carrying a loaded weapon. City police have alleged he possessed the gun at the same time he had the marijuana.
Brown originally had been scheduled to go to trial before Domalakes and a jury on Friday on the charges of prohibited possession of a firearm and carrying a firearm without a license, with the judge alone deciding the charge of carrying a loaded weapon, but agreed to plead guilty to the marijuana charge in exchange for having it severed from the others.
After Brown pleaded guilty to the marijuana charge, Domalakes agreed to his request to continue the trial until issues involving the admissibility of evidence could be properly considered.
The next time the case could be tried is during the October criminal court term, which runs from Oct. 21 through Nov. 1.
In Wednesday action in the county court, Judge James P. Goodman found Christopher R. Petrylak, 42, of Shenandoah, guilty of three charges of indirect criminal contempt, which is contempt committed outside the courtroom, for violating protection from abuse orders three times in fewer than two weeks.
Goodman sentenced Petrylak to spend six months on probation, pay costs and $900 in fines, and undergo a mental health evaluation.
West Mahanoy Township police charged Petrylak with violating an order on July 31, while state police at Frackville charged him with committing violations on Aug. 4 and Aug. 11.
Senior Judge D. Michael Stine entered a temporary order against Petrylak on July 24 and a permanent one of Aug. 7.