MOUNT CARMEL - One of three Mount Carmel Area football players charged with underage drinking was acquitted during a 25-minute summary trial Tuesday morning.
David Meyrick Lamb Jr., 18, of Marion Heights, was found not guilty by Magisterial District Judge Hugh A. Jones.
Lamb, charged with underage purchase, consumption, possession and transportation of alcohol, had the option of requesting the trial or pleading guilty to the summary offense and paying fines and costs.
In his ruling, Jones said police did not provide enough evidence that Lamb was under the influence at the time of the Sept. 25 traffic stop. They also failed to prove a connection between Lamb and an empty bottle of wine found inside the vehicle he was in, Jones said.
The incident, which happened in the midst of a successful football season for Mount Carmel Area, drew considerable public attention.
Some were adamant the defendants were being coddled because they were on the football team, while others said they were being unduly criticized for the same reason.
'Hearsay' objection
Mount Carmel Township Police Patrolman David Stamets acted as prosecutor and testified about the night Lamb was found in a vehicle with four other individuals near Route 54 in the former landfill area across from the co-generation plant at approximately 11:25 p.m.
Stamets spoke of a conversation with the vehicle's driver, Jeffrey P. Cooney. Lamb's attorney, David Noon, of Sunbury, objected, saying that testimony was hearsay as it relates to the case against Lamb.
Jones agreed, striking any references to conversations with anyone other than Lamb.
Stamets further testified about how the empty bottle of wine was found on the floor of the driver's seat, where Cooney was sitting.
Lamb was sitting in the rear passenger seat, and was a bit unstable and smelled of alcohol, Stamets testified.
"I am familiar with the defendant, and what I saw that night was the complete opposite of my usual dealings with him," Stamets testified.
In cross-examination, Noon asked the officer if he recalled Lamb admitting to consuming alcohol, and Stamets said no.
Noon then turned his attention to the citation and the section where police could write remarks or make a list of witnesses to be subpoenaed. On Lamb's citation, the section was blank.
"If you had the observation of the unsteady gait, red bloodshot eyes and the smell of alcohol, why didn't you write it down?" Noon asked.
"It's not really our practice to do it," Stamets replied. He gave the same answer later when Noon asked if the bottle was fingerprinted to see who had touched it.
Asked later about the blank comments section, Mount Carmel Township Police Chief Brian Hollenbush said it is a personal preference for an officer to use that section. As far as bringing Cooney and Kleman to the hearing to testify against Lamb, Hollenbush didn't think it was necessary.
"We felt we had the appropriate evidence there to substantially prove our case, and the judge made a ruling and we have to respect it," Hollenbush said.
Also testifying was Mount Carmel Township Police Patrolman Kelly Campbell, who said he noticed Lamb was walking unsteadily. Under cross examination, Campbell said he saw Lamb take only three steps. The officer did not have any other contact with him and did not get close enough to smell any alcohol on him.
As Stamets rested his case, Noon made a motion for the case to be dismissed.
"There is no evidence that my client consumed any alcohol," Noon said. "There is no connection established to him and the empty bottle of wine and no tests were done on his sobriety.
"The only evidence this charge is based on is an odor of alcohol, bloodshot eyes and difficulty standing," he continued.
In his ruling, Jones cited a case from the Pennsylvania Supreme Court in which the defendant was standing next to a vehicle and five feet away was an empty beer can. The court ruled there was no direct evidence linking the defendant to the beer can.
"There was no evidence to show any connection between the bottle and the defendant in this case," Jones said.
Two others charged
Two others, Cooney, 18, of 920 Spruce St., Ashland, and Jacob Kleman, 18, of 1407 Poplar St., Kulpmont, were charged with more serious offenses in connection with the same incident. Cooney and Kleman were also football players at Mount Carmel Area at the time of the arrest.
Cooney is charged with two counts of driving under the influence of alcohol, one count of driving under the influence of a drug or combination of drugs, one count of driving under the influence of alcohol and drugs, possession of a controlled substance, possession with intent to use drug paraphernalia, underage drinking and driving a vehicle with alcohol in his blood system. The first six charges filed against Cooney are misdemeanors; the others are summaries.
Cooney is scheduled for a preliminary hearing today before Jones, at which time he can plead guilty, waive the charges to county court or request a full hearing involving testimony. Kleman is charged with possession of a controlled substance, possession with intent to use drug paraphernalia and underage drinking. His preliminary hearing is scheduled for 10 a.m. Wednesday, Dec. 21, before Jones.
Lamb, Kleman and Cooney were each suspended for two games after the incident occurred but before the charges were filed. Lamb and Kleman returned to the lineup for the North Schuylkill game on Oct. 16. Cooney did not return to the team due to issues unrelated to the incident.
Asked if Tuesday's hearing would affect the cases against Cooney and Kleman, Hollenbush said he doesn't know.
"We are going to come to the hearing and put our case on, and let the judge hear the evidence," the chief said.