A couple of lengthy preliminary hearings and a contentious waiver marked an interesting Criminal Day at 15-1-01 yesterday...
In the first hearing, Mark Justin Houck, 33, of Quakertown, Bucks County, faced charges of Defiant Trespassing, Failure to Disperse on Official Order, and Disorderly Conduct following an incident at the Planned Parenthood clinic on South Wayne Street (15-1-01, CR-0000180-07). On June 29 at around 07:58, Sgt. Sam Iacono, Cpl. Ryan Collins, and Ofc. Harry O'Neill were dispatched to the clinic after an employee reported several pro-life protesters were obstructing access to the clinic by blocking the two doors to the building. The employee testified that she observed a larger crowd than usual leading her to call police. She alleged that Houck was one of the protesters who was blocking the door. The protesters were on the property despite a painted line across the length of the parking lot that was also marked "No Trespassing".
Cpl. Collins, the first to arrive on scene, testified that most of the nearly 60-to-70 protesters were beyond that line and nobody was complying with his commands to vacate the property. Sgt. Iacono, Ofc. O'Neill and other officers arrived to assist with clearing the crowd from the doors. Sgt. Iacono testified that he twice ordered Houck to leave and to step behind the line on the parking lot. When he failed to do so, Houck was placed under arrest.
Despite arguement from defense counsel that there was no indication that his client was being disorderly and that no communications were made indicating he was tresspassing, Houck was bound over for trial on all counts (one sub-section of Defiant Trespassing was withdrawn at the start of the hearing). Houck remains free on $5,000 unsecured bail...
In the second hearing, James Robert Testerman of Oxford faced charges of Possession With Intent to Deliver a Controlled Substance, Possession of Drug Paraphanalia, Possession of Marijuana, and two counts of Possession of a Controlled Substance (15-1-01, CR-0000101-07). On April 6 at around 02:13, Ofc. John DiBattista was on patrol heading westbound on the 50 block of West Gay Street when he observed the defendant at the intersection of West Gay and North Church Streets carrying a computer tower. Ofc. DiBattista, suspecting the tower was stolen given the time of night when Testerman was carrying the item, conducted a pedestrian stop at that intersection.
Upon further inspection of the tower, Ofc. DiBattista spotted the top of a plastic bag through the rear section of the computer. When asked about the bag, Testerman allegedly replied, "What plastic bag?" A further check of the bag showed the bag contained a large number of small blue pills. When asked about the pills, Testerman allegedly stated that those were "computer parts." After briefly fleeing on foot, Testerman was placed under arrest. He allegedly claimed that he wasn't trying to sell the pills, but rather he was planning to give them out at a party.
A preliminary report from the Lima Labs indicated the substances allegedly found on Testerman contained 77 blue pills marked "boss" which tested positive for ecstacy, .15 grams of marijuana, and 1 oxy-contrin pill. After the evidence was presented, Judge Bruno ordered Testerman held for trial in Common Pleas Court on all counts. He remains free on $7,500 unsecured bail.
The hearings, however, weren't the only source of drama today...
In the matter of Commonwealth vs. Gregory E. Stelluti (15-1-01, CR-0000182-07), the defendant stood accused of assaulting his girlfriend in early July. Stelluti, 33, of West Chester, faced charges of Aggravated Assault, Simple Assault, Terroristic Threats, Recklessly Endangering Another Person, Harassment, and Disorderly Conduct. After a lengthy wait, the Commonwealth agreed to withdraw the Aggravated Assault count in exchange for Stelluti waiving up on the remaining counts. The waiver was granted despite Judge Bruno's apprehensiveness given the nature of the allegations and that it was a domestic violence related case.
Prior to the waiver being finalized, defense counsel Joseph Green argued that the bail conditions be amended from prohibiting any contact to prohibiting "non-criminal" contact. Green noted that Stelluti and his alleged victim had sought to reconcile and work things out (though, in my personal opinion, I'd have to wonder if that's a smart move on the victim's part). After consulting with the representative from the bail agency, Judge Bruno ordered the no contact - criminal or non-criminal - condition of the bail agreement remain in place. And that should've been the end of it...
However, as Judge Bruno was arraigning the next defendant, Felix Quintero, 30, of West Chester on a DUI charge (15-1-01, CR-0000200-07), Green was in the courtroom, where he appeared to be talking to the victim in the previous case. Though it's not known what was said, the fact that the defense attorney was speaking to a victim in that case was enough for Judge Bruno to interrupt the proceedings and order Green into chambers. Once that matter was resolved, the arraignment of Quintero resumed, with the defendant waiving his preliminary hearing. However, Quintero's bail was set at $5,000 cash, most likely due to the fact that he was an illegal immigrant...
Then, there was the matter of Benjamyn Larone Boggs, who was in court on Possession of Drug Paraphanalia, Disorderly Conduct, and Public Drunkeness (15-1-01, CR-0000184-07). Boggs waived his preliminary hearing on those charges, however he was taken into custody by constables on an unrelated bench warrant out of Downingtown District Court for failure to pay a balance of $876.66 following a guilty plea to Driving With a Suspended Driver's License/DUI-related (15-2-06, TR-0006811-06). Boggs' Public Defender, Christopher Pielli, had tried to convince Boggs to accept a bail modification from $5,000 unsecured to $1.00 nominal bail, which would've enabled Boggs to recieve "time served" credit on this matter and a separate matter pending in front of Judge Knapp on charges of Resisting Arrest, Recklessly Endangering Another Person, Harassment, and Possession of a Controlled Substance (15-1-04, CR-0000197-07), for which his preliminary hearing is scheduled for this Friday. Boggs, for reasons known only to him, apparently refused the suggestion and his bail was continued as is. However, given the bench warrant signed by Judge Arnold, it's a moot point anyway; Boggs does have a hearing scheduled in that case on Monday.
Of the remaining 7 cases, three were continued, three cases were withdrawn follwing compliance with agreements, and a DUI defendant waived his hearing to apply for ARD.
And that wrapped up one of the more interesting sessions at 15-1-01 in a while. It would be hard to top the drama that eminiated from this court for a few weeks (or the next Criminal Day when more than one full preliminary hearing is held).
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