SUNBURY - For the second time this year, the trial of an alleged crack cocaine dealer and his wife has been delayed.
Northumberland County President Judge Robert B. Sacavage granted a continuance Wednesday morning in the three-day trial for Cornell B. Delvalle, 45, and Diane (Reichwein) Delvalle, 35.
Since the jury had not been officially sworn in, the judge continued the trial instead of declaring a mistrial. A mistrial had been declared in the case on Jan. 27, when drug informant Robert Santore made reference to Cornell Delvalle's criminal history during his testimony.
The new dates are Jan. 18 to 20, and jury selection is scheduled for 9:15 a.m. Jan. 9.
Grand jury probe
Sacavage granted the continuance request by Delvalle's attorney, Michael Rudinski of Williamsport, after an approximately 60-minute discussion in the judge's chambers about new discovery materials provided Tuesday by the commonwealth to the defense.
The judge agreed to grant Rudinski time to review the materials, which Rudinski and Northumberland County Assistant District Attorney Michael Toomey declined to discuss for fear of jeopardizing the case.
"We were ready to go and I'm still confident we can get a conviction on both defendants," Toomey said.
While the attorneys were mum, Sacavage said in his court order that Cornell Delvalle was the subject of a federal grand jury investigation encompassing events that allegedly occurred during the time of the alleged drug offenses filed against him by Coal Township police.
He said Delvalle brought to the attention of the commonwealth and court materials provided by the commonwealth shortly before the trial was scheduled to begin. Among the items was a federal subpoena that revealed Delvalle was the subject of a grand jury investigation and that at least one commonwealth witness testified during the grand jury proceedings.
A grand jury is typically convened in private, over numerous occasions as necessary, to consider whether evidence warrants an indictment against a person or persons.
Entitled to review
Sacavage ruled that Rudinski and Northumberland County Conflicts Counselor John Broda, who represents Mrs. Delvalle, are entitled to review any testimony provided by the commonwealth during the grand jury proceedings, to the extent that they are discoverable by request made by the commonwealth to the U.S. Attorney's Office for the Middle District of Pennsylvania.
At 10:50 a.m., the judge excused the jury, comprised of seven women, five men and two male alternates. Sacavage apologized for any inconveniences caused by their abbreviated service as jurors and thanked them for performing their legal duty as citizens.
"As a judge, I must make sure there is a level playing field, and this case is continued," Sacavage said.
Both defendants remain free on bail.
Background
Delvalle was accused of delivering crack cocaine to Santore eight times in 2007 and 2008 in Coal Township. The defendant was charged by Coal Township Detective Jeff Brennan with eight counts each of possession with intent to deliver crack cocaine, delivery of crack cocaine and criminal use of a communications facility, and two counts of criminal conspiracy.
His wife was charged by Brennan with two counts of possession with intent to manufacture or deliver a controlled substance and criminal conspiracy.
Delvalle was accused of delivering crack cocaine at 207-209 Third St., Ranshaw, on Jan. 6 and Feb. 11, 2008. He also was charged with delivering crack cocaine in the parking lot at McDonald's along Route 61 on Nov. 4, 2007, Nov. 24, 2007, Dec. 3, 2007, and Dec. 6, 2007. Delvalle was charged with delivering crack cocaine in the parking lot at Mt. Royal Mini-Mart, Ranshaw, on Dec. 21, 2007, and Jan. 22, 2008.
On Oct. 17, Sacavage granted a request by Toomey to not prosecute the cases against Delvalle involving the incidents on Jan. 6, 2008, Feb. 11, 2008, and Dec. 21, 2007. Rudinski opposed Toomey's motion to not prosecute the cases, but the judge denied his request, meaning Delvalle will only face the charges filed against him in connection with the incidents on Nov. 4, 2007, Nov. 24, 2007, Dec. 3, 2007, Dec. 6, 2007, and Jan. 22, 2008, when the trial resumes in January.
His wife was charged only in connection with the incidents on Nov. 4, 2007, and Dec. 6, 2007.