Johnny99
Senior Reporter
http://www.timesleader.com/news/20070609_09robbery_dw_ART.html
Robbery charges get tossed
Felony case against Raheem Hobson is dismissed after Luzerne County prosecutors violate speedy-trial law.
DAVID WEISS dweiss@timesleader.com
WILKES-BARRE – Robbery charges filed against a man suspected of holding a woman at gunpoint during a city home invasion were dismissed recently after prosecutors failed to take the man to trial in time.
It’s the second felony case within a week that has been tossed out because Luzerne County prosecutors violated the state’s speedy trial law.
Raheem Hobson, 26, was charged with robbery, burglary, and other offenses in November 2004.
Later that same month, Hobson’s attorney, Nanda Palissery, asked a judge to have the robbery victim identify Hobson through a lineup.
Court of Common Pleas Judge Michael Conahan granted the request. Prosecutors later asked him to reconsider, but the judge denied.
Prosecutors appealed to the state Superior Court. That court, in March 2005, refused to hear the appeal because it was not filed on time, court papers say.
Prosecutors then tried to appeal it to the state Supreme Court. That court, in December 2005, also refused to hear an appeal.
Since then, Hobson has not been taken to trial on the charges. He’s never even had a preliminary hearing, court papers say.
That led to Palissery in February filing a motion to have the charges tossed because his client was not brought to trial in time under the speedy-trial law.
A hearing was scheduled for last week before Conahan. There, Assistant District Attorney Thomas Killino withdrew all the charges in the robbery.
Earlier this week, prosecutors dropped 20 drug charges – including 17 felonies – against Victor Ortiz after they failed to bring him to trial within the state’s speedy trial law. Police believe he was a large-scale drug dealer who was bringing heroin and cocaine from Allentown to Luzerne County to sell.
The two cases were the latest in a series of cases to be plagued by speedy-trial issues under District Attorney David Lupas’ administration. Lupas did not return repeated calls for comment this week.
It’s also the second case Hobson skated free on.
He was previously convicted of stealing more that $91,000 in items from a Jackson Township home in 2003. He was sentenced to two years probation and ordered to repay the $91,000.
Palissery appealed and the state Superior Court in October 2005 overturned the conviction, saying a judge wrongly allowed prosecutors to use a transcript of a witness’ testimony from a preliminary hearing against Hobson at trial. The witness did not testify at trial. That prevented the witness from being cross-examined, a violation of Hobson’s right to confrontation, Palissery argued.
Hobson has still not been retried on those charges, Palissery said. That is now unlikely to occur since the time frame to take him to trial under the speedy-trial law has expired.
That leaves the conviction overturned and Hobson no longer obligated to pay the $91,000 in restitution.That must make the people he robbed very happy.In the robbery case, police said Hobson and two others forced themselves into a North Grant Street home where Hobson put a gun to a woman’s back. The two others ransacked the home, stealing a 9 mm pistol and electronic items, police said. Hobson was arrested a short time later walking past the home.
He is currently serving an eight-year prison sentence on federal drug charges, Palissery said.
Not only are most of the police depts. in NEPA inept or next to useless, the DA's office and most of the court system and local government is corrupt and rife with nepotism and shady backroom political trickery. Having lived there for most of my life, I can honestly say, I'm kind of surprised this even makes the news. I've seen worse swept under the rug. There's an old saying: If you want to commit a crime do it in Luzerne county because the odds are in your favor there.
Robbery charges get tossed
Felony case against Raheem Hobson is dismissed after Luzerne County prosecutors violate speedy-trial law.
DAVID WEISS dweiss@timesleader.com
WILKES-BARRE – Robbery charges filed against a man suspected of holding a woman at gunpoint during a city home invasion were dismissed recently after prosecutors failed to take the man to trial in time.
It’s the second felony case within a week that has been tossed out because Luzerne County prosecutors violated the state’s speedy trial law.
Raheem Hobson, 26, was charged with robbery, burglary, and other offenses in November 2004.
Later that same month, Hobson’s attorney, Nanda Palissery, asked a judge to have the robbery victim identify Hobson through a lineup.
Court of Common Pleas Judge Michael Conahan granted the request. Prosecutors later asked him to reconsider, but the judge denied.
Prosecutors appealed to the state Superior Court. That court, in March 2005, refused to hear the appeal because it was not filed on time, court papers say.
Prosecutors then tried to appeal it to the state Supreme Court. That court, in December 2005, also refused to hear an appeal.
Since then, Hobson has not been taken to trial on the charges. He’s never even had a preliminary hearing, court papers say.
That led to Palissery in February filing a motion to have the charges tossed because his client was not brought to trial in time under the speedy-trial law.
A hearing was scheduled for last week before Conahan. There, Assistant District Attorney Thomas Killino withdrew all the charges in the robbery.
Earlier this week, prosecutors dropped 20 drug charges – including 17 felonies – against Victor Ortiz after they failed to bring him to trial within the state’s speedy trial law. Police believe he was a large-scale drug dealer who was bringing heroin and cocaine from Allentown to Luzerne County to sell.
The two cases were the latest in a series of cases to be plagued by speedy-trial issues under District Attorney David Lupas’ administration. Lupas did not return repeated calls for comment this week.
It’s also the second case Hobson skated free on.
He was previously convicted of stealing more that $91,000 in items from a Jackson Township home in 2003. He was sentenced to two years probation and ordered to repay the $91,000.
Palissery appealed and the state Superior Court in October 2005 overturned the conviction, saying a judge wrongly allowed prosecutors to use a transcript of a witness’ testimony from a preliminary hearing against Hobson at trial. The witness did not testify at trial. That prevented the witness from being cross-examined, a violation of Hobson’s right to confrontation, Palissery argued.
Hobson has still not been retried on those charges, Palissery said. That is now unlikely to occur since the time frame to take him to trial under the speedy-trial law has expired.
That leaves the conviction overturned and Hobson no longer obligated to pay the $91,000 in restitution.That must make the people he robbed very happy.In the robbery case, police said Hobson and two others forced themselves into a North Grant Street home where Hobson put a gun to a woman’s back. The two others ransacked the home, stealing a 9 mm pistol and electronic items, police said. Hobson was arrested a short time later walking past the home.
He is currently serving an eight-year prison sentence on federal drug charges, Palissery said.
Not only are most of the police depts. in NEPA inept or next to useless, the DA's office and most of the court system and local government is corrupt and rife with nepotism and shady backroom political trickery. Having lived there for most of my life, I can honestly say, I'm kind of surprised this even makes the news. I've seen worse swept under the rug. There's an old saying: If you want to commit a crime do it in Luzerne county because the odds are in your favor there.