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2 trials don't go; prosecutors drop one case, other defendant enters special program

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Two trials scheduled for Friday in Schuylkill County Court did not occur, with prosecutors withdrawing charges in one case and the defendant entering a special probationary program in the other.

Brian L. Heckler, 46, of Pottsville, had been charged with recklessly endangering another person and criminal mischief. Pottsville police alleged he committed those crimes on Aug. 10, 2013, in the city.

However, prosecutors withdrew the charges against Heckler, who was to have been tried before a jury and Judge Jacqueline L. Russell.

District Attorney Christine A. Holman, who was to have prosecuted the case, said she made the decision to withdraw the charges as the result of evidence developed after the jury was selected last week.

"The charges ... were going to be difficult to prove beyond a reasonable doubt," she said. "The facts that were gleaned from witnesses after jury selection led me to do the responsible thing and withdraw the charges."

In the other case, William J. Mooney, 43, of Mahanoy City, who had been charged with driving under the influence, chose to enter the Accelerated Rehabilitative Disposition program instead of taking his case to trial.

Judge Cyrus Palmer Dolbin, who was to have presided over Mooney's nonjury trial, instead admitted him into the program for 12 months, ordering him to pay costs, $100 to the Substance Abuse Education Fund and $50 to the Criminal Justice Enhancement Account, and perform 10 hours community service.

If Mooney successfully completes the program, the DUI charge will be dismissed, and he will be entitled to have his record expunged. If he does not, the charge against him will be reinstated.

Mooney also pleaded guilty to a charge of failure to stop at a red signal. Dolbin sentenced him to pay costs and a $25 fine.

Prosecutors withdrew a charge of violation of restrictions on alcoholic beverages against Mooney.

Shenandoah police had alleged Mooney was DUI on Aug. 12, 2013, in the borough.


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