A Schuylkill Haven man faces possible prison time after a Schuylkill County jury convicted him of three crimes stemming from his sale of heroin to an undercover detective in October 2015 in Cressona.
Phillip Holzer, 36, is guilty of delivery of a controlled substance, possession with intent to deliver a controlled substance and possession of a controlled substance, the jury ruled after deliberating approximately an hour.
Judge Cyrus Palmer Dolbin, who presided over Holzer’s one-day trial, ordered preparation of a presentence investigation and scheduled Holzer’s sentencing for 2:15 p.m. May 24.
Schuylkill County detectives charged Holzer with selling $40 worth of heroin on Oct. 20, 2015.
“We don’t ever force anybody to do a buy,” another undercover detective testified.
Holzer did not deny selling the heroin but claimed he was entrapped by a friend who turned out to be a confidential informant. He testified he thought he was delivering heroin to a friend who needed it, which turned out to be a central point in the closing argument of his lawyer, Ronald R. Pellish, Pottsville.
“He knew he was setting up his friend,” Pellish said of the informant, who did not appear in court. “You have to find my client not guilty.”
However, jurors accepted the closing argument of Assistant District Attorney David J. Rice, who said Holzer clearly was guilty.
“The laws ... are the same for drug friends as for you and me,” Rice said. “He made the deal to benefit himself.”
On Wednesday, Paula M. Fasnacht, 35, of Pine Grove, pleaded guilty to indirect criminal contempt, which is contempt committed outside the courtroom, for violating a protection from abuse order.
Judge Charles M. Miller accepted Fasnacht’s plea and sentenced her to play costs and a $300 fine.
State police at Schuylkill Haven charged Fasnacht with violating the order on Nov. 19, 2016.
Also on Wednesday, Jerry M. Dannenhower, 49, of Schuylkill Haven, pleaded guilty to indirect criminal contempt for violating a PFA order. Miller also sentenced him to pay costs and a $300 fine.
Saint Clair police had charged Dannenhower with violating the order on March 16 in the borough.