SHAMOKIN - A defendant in a Shamokin "spice" sting and the prosecutor pressing the criminal case against him traded verbal barbs inside a district judge's courtroom Tuesday.
The back-and-forth between Markist Moore and Michael Toomey, assistant district attorney, often grew heated during a preliminary hearing that ended with Moore's drug charges held for Northumberland County Court.
Moore, 38, of 31 N. Marshall St., Shamokin, was one of four defendants arrested June 25 during dual drug stings.
Police allege Moore sold a $10 pack of synthetic marijuana, commonly known as spice, to a confidential informant. Officers searched his home and reportedly seized a smoking pipe and empty spice packets, according to a criminal complaint.
Moore is charged with felony delivery of spice, and two misdemeanor counts each of possession of spice and possession of drug paraphernalia. A co-defendant, Jaleesa Bickert, 26, who had shared a home with Moore, is charged with misdemeanor counts of possession of spice and possession with intent to use drug paraphernalia. Cpl. Bryan Primerano filed the charges. Both pleaded not guilty.
At the time a search warrant was served at Moore's home, a warrant was simultaneously served at 26 S. Franklin St., home to Patricia Moore, 35, and Lesley Arthur Jack, 26. Police say Patricia Moore also sold spice to a confidential informant. Officers report seizing a combined 16.5 ounces of spice packaged individually for sale in 93 packets. Also seized were unidentified quantities of "ecstasy" and "molly," street names for the synthetic drug MDMA; two strips of prescription Suboxone, three digital scales and nearly $1,600 cash, according to criminal complaints.
Patricia Moore and Jack are both charged by Cpl. Jarrod Scandle with felony counts of possession with intent to deliver spice and ecstasy, felony conspiracy and misdemeanor counts of possession of drug paraphernalia and possession of a controlled substance. Patricia Moore also is charged by Primerano with three felony counts each of delivery of spice and possession with intent to deliver spice. Both had a separate hearing. They also pleaded not guilty, and their charges were held for county court.
'We'll see'
Serving as his own attorney, Markist Moore sought to cast doubt on the expertise of Shamokin's lead narcotics officer, Primerano, questioning the identification and subsequent handling as evidence of the alleged spice police say Markist Moore sold to the informant. He also sought to discredit Primerano's ability to determine if the substance was an illegal narcotic simply by looking at it and questioned the consistency between charges filed against him and those filed against others in the spice stings.
Tension heightened as Bickert testified.
"You're coaching the witness," Markist Moore told Toomey as Bickert was cross-examined, and he charged that Toomey did the same with Primerano.
"Why is he even talking?" Toomey asked Magisterial District Judge John Gembic III, repeating that Bickert, too, was serving as her own attorney. Markist Moore countered that he had a right to object since he called Bickert to the stand himself as a witness.
"You don't represent her. I'm not listening," Toomey said as the two continued to speak over one another.
"OK, we'll see about this," Markist Moore said, referring to an audio recording of the hearing that he insinuated would be in his favor if presented in county court.
"We will," Toomey quickly replied.
Lab test
Primerano told the court that his 15-plus years of experience, along with information provided by the informant, convinced him the substance Markist Moore allegedly sold was spice. It's been sent to a crime lab for testing, he said. If it were to be returned negative and is, indeed, something else, Primerano said it wouldn't much matter when it comes to the criminal charges. The substance was sold to the informant as spice, he said, and would still merit a drug charge since it would have been sold as a "counterfeit substance."
As to field testing, Primerano said there isn't a field test available for spice. Chemists frequently change the chemical compounds used in the drug, he said.
Nothing happened
For her part, Bickert told the court she witnessed no sales of drugs inside Markist Moore's home, where she had been living with their two children, and that there were no illegal substances there on the day the informant allegedly purchased the spice. When officers returned days later with a search warrant and reportedly turned up the pipe and spice packets, she said the pipe was hers and that it was strictly for tobacco.
Pushed by Toomey that she could face perjury charges if she were caught lying, Bickert relented that the pipe had been used for spice in the past but not on that day. Markist Moore said Toomey was threatening the witness with talk of perjury.
Asked what Primerano and Toomey told her during a conversation prior to the hearing, Bickert said they advised her to get a public defender and that she could face jail time on a drug paraphernalia charge.
Evidence established
Markist Moore ended the hearing asking why he wasn't allowed access to the alleged evidence against him, specifically test results of the suspected spice. He also disputed the use of officer hearsay rather than direct testimony from the informant.
Toomey maintained Primerano's testimony met the burden of proof necessary to establish enough evidence exists to move the criminal case forward against Markist Moore, to which Gembic ultimately agreed. Hearsay is admissible at a preliminary hearing, as backed by previous case law, Toomey said. The informant will be available to testify at trial, Toomey said, adding that evidence would be available to Markist Moore under a discovery request through county court.
Markist Moore and Bickert are both free on bail. Patricia Moore and Jack are jailed in the county's section of SCI-Coal Township. All four will be arraigned in county court Aug. 31 and are scheduled for a pre-trial conference Sept. 4.