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Split verdict in year’s first trial

Carbon County court conducted its first trial since the COVID-19 pandemic on Tuesday with a split verdict being reached in a case involving drug charges.

Carbon County, like most counties throughout Pennsylvania, was unable to conduct any trials because of the pandemic and restrictions placed on them by the governor and the state Supreme Court. With some of the restrictions being eased or lifted by the state’s highest court, county courts began scheduling trials but had to formulate plans to adhere to state guidelines concerning social distancing and wearing of masks in particular.

Carbon court scheduled three trials for the August term with one being held Tuesday and the second scheduled to begin Thursday. The third is set for jury selection on Monday, Aug. 10, in the morning, and to start in the afternoon.

On Tuesday, President Judge Roger N. Nanovic II conducted the first trial in the main courtroom on the second floor, the only courtroom of the three available big enough to handle the proceedings.

Jurors were seated to the left side of the courtroom, in chairs which were at least 6 feet apart, and all were given masks and facial shields. The prosecuting and defense attorneys were also required to have masks and practice social distancing. However, a witness was permitted to take his or her mask off to testify. The witness stand is enclosed in Plexiglas, as is the judge’s bench.

Jury panels were selected Monday. Nanovic’s panel was selected in the morning and Judge Steven R. Serfass’ panel, which is hearing a case today, in the afternoon. Judge Joseph J. Matika’s trial is set for next Monday.

After the testimony was completed, closing arguments were given and the charge of the court by Nanovic completed, the courtroom was cleared of everyone except the jurors. The jurors deliberated in the courtroom because the deliberation room normally used is not big enough to handle the social distancing requirement.

The trial

On trial was Ryan Eckhart, 33, of Lehigh Avenue, Palmerton, charged by Nesquehoning police with two felony 2 counts of possession of a controlled substance/contraband by inmate; and contraband/controlled substance, for an incident on Jan. 1, 2019.

Police were called to the prison after prison staff said they found Eckhart with fentanyl on him. Eckhart was participating in the work-release program at the time of the incident.

The jury panel found him guilty of possession of a controlled substance/contraband by an inmate; but not guilty of contraband/controlled substance into the prison.

Nanovic deferred sentencing, ordering the adult probation office to prepare a presentence investigation report.

The case was prosecuted by Assistant District Attorney Robert S. Frycklund. Eckhart was represented by Attorney Matthew J. Mottola, of the public defenders office.