Today's News-Friday, May 1, 2009

DEFENSE RESTS IN ONE DAY
The case of two Shenandoah teenagers, implicated in the beating death of a Mexican illegal immigrant last summer will be turned over to the jury today. Defense attorneys Fred Fanelli and Jeffrey Markosky called 5 witnesses, and wrapped their case in just two hours Thursday morning. Brandon Piekarsky is charged with third degree murder, ethnic intimidation and other counts, while Derrick Donchak faces aggravated assault, ethnic intimidation and associated charges in the death of Luis Ramirez on July 18th. After two police officers, the District Attorney's chief investigator and a Hispanic man who Ramirez called that night, the defense finished their presentation. While Fanelli, who represents Piekarsky, had no comment following the day's proceedings, Donchak's counsel Jeff Markosky offered reasons why they didn't call more witnesses:

MARKOSKY 2

Assistant DA Rob Frantz also declined to comment to WPPA/T102 News. Questioning of witnesses Thursday centered on who lodged the kick to Ramirez's head while he lay in the street, after Colin Walsh landed a punch that put Ramirez on his back. The defense attempted to prove that Brian Scully kicked Ramirez in the head, not Brandon Piekarsky as was originally charged. Both law enforcement officers claimed they heard Arielle Garcia say she saw Scully land the kick during testimony. Judge Baldwin decided to dismiss the jurors for the day just after 1pm, opting to start closing arguments and jury charge until this morning at 9am. We'll keep you updated as developments warrant.

ATTENDANCE UP
The throng of spectators expected at the trial of Derrick Donchak and Brandon Piekarsky never really materialized, averaging about 60 people in the first three days of testimony. Thursday's short day brought about 80 people to the cavernous Courtroom Number One at the Schuylkill County Courthouse, one of the largest on the eastern seaboard. Today's proceedings may very well draw the largest crowds of the trial, which was initially expected to last two weeks. Security in and outside the courthouse has been tight all along, for the protection of the defendants and all others involved.

TOVAR GETS OUT OF JAIL
Diego Tovar, a friend of Luis Ramirez, rushed to the Vine Street playground after receiving a call that a fight broke out between a group of 6 boys and Ramirez. Tovar testified Thursday that he grabbed a BB pistol and stuck it in his waistband. Defense attorney Fred Fanelli pressed Tovar to explain what his intention was with the gun, but Judge Baldwin halted that line of questioning after objections from the prosecution. Tovar said that he never pointed the gun at the boys, but rather talked with them about what happened and threw the gun in the bushes. WPPA/T102 News learned yesterday that Tovar has been in the Schuylkill County Prison since last summer for burglary, criminal trespass and other charges tied to incidents following the Ramirez beating. The jury was not made aware of Tovar's legal troubles during testimony.

SPECTER TO APPEAR IN HAZLETON TODAY
US Senator Arlen Specter is expected in Hazleton today to announce that Congress has approved $5.5 million dollars in federal funding to study the cancer cluster in Schuylkill, Carbon and Luzerne counties. The Centers for Disease Control and Prevention will receive $5 million to conduct assessments of Polycythemia Vera trends and other risk factors in the area. The other half million dollars will go to Drexel University's School of Public Health to conduct studies of the rare blood disease. The press conference is scheduled for 3:30pm at Penn State Hazleton.

EQUIPMENT THEFT PROBED
State police are investigating the theft of equipment and vandalism from a job site on Sharp Mountain earlier this week. Two fire extinguishers were discharged in the cabs of excavators owned by EOJ Inc. of New Ringgold. A third extinguisher was stolen. The incident happened between Tuesday and Wednesday.

FOUR INJURED IN TWO VEHICLE CRASH THURSDAY
Four suffered minor injuries in a two car crash Thursday near Frackville. 45 year old Kenneth Jessman of Frackville was eastbound on the Frackville-Morea highway when his vehicle swerved into the path of a car driven by Theresa Vernon of New Boston. Jessman's truck then went into the woods. Police reports indicate that Jessman was seen staggering at the scene, appearing to be intoxicated. Jessman and his passenger were taken to St Catherine's Medical Center for treatment. Vernon and her 3 year old daughter were taken to Schuylkill Medical Center East for treatment. The investigation continues.

LEHIGH VALLEY MAN DIES IN CRASH
A Lehigh Valley man died from injuries suffered in a crash on Route 309 earlier this week. West Penn Township PD have just released the details of the crash where 50 year old Richard Assetto of Wescosville, was riding a motorcycle on Route 309. The bike was struck by a car driven by Edward Harry of Hazleton. Assetto died at Lehigh Valley Medical Center. Harry was taken there as well.