In The Press : Com. vs. Swartz
Formal Arraignment In Franklin County
The Lewistown Sentinel
Wednesday March 02, 2005
By Frank J. Jost
Sentinel Reporter
Two Juniata County men charged in connection with the Oct. 19, 2004 robbery of the 1st National Bank of Mifflintown in East Waterford, waived their preliminary hearings before Magisterial District Judge Jaqueline Leister on Thursday. One of those men also waived his hearing regarding charges from the Nov. 24, 2004 robbery of the Mifflintown Weis Market, as did a third Juniata County man also charged in the Weis robbery case.
All charges filed against the three men for their alleged involvement in the respective robberies have now been bound over to the Juniata County Court of Common Pleas.
Stanford “Tommy” Adler, 19, and Dustin J. Swartz, 20, both of Port Royal, waived their hearings in the bank robbery case Thursday morning.
In that case, court documents indicate Adler is charged with criminal conspiracy, while Swartz faces robbery and theft related charges.
Adler also waived his hearing for multiple robbery and theft related charges stemming from his alleged involvement in the Weis robbery.
An additional defendant in the Weis case, Douglas L. Foose, 24, of Mifflintown, also appeared before Leister to waive his preliminary hearing. Foose is charged with criminal conspiracy stemming from his alleged involvement in the Weis robbery. According to court documents, Foose told police he was pressured to act as a driver but did not take part in the actual robbery. Police say Foose has been cooperating with them in the investigation.
Although the hearings were waived, Adler’s defense attorney, Michael Sheldon of Lemoyne, petitioned Leister to reduce Adler’s bail on both the Weis and bank robbery charges. Swartz’s defense attorney, Justin McShane of Harrisburg, made a similar request regarding Swartz’s bail for the bank robbery charges. Both attorneys made statements to illustrate how their respective clients were not a flight risk, nor did they pose a danger of harming themselves.
Pennsylvania State Police Lewistown Troopers Douglas Cramer and Glen Hetrick were present for the hearings. Cramer is the investigating officer for the bank robbery, while Hetrick is handling the Weis case. Both troopers told Leister they did not object to bail reduction, provided Adler and Swartz were required to make some form of bail, and both remain under the supervision of their families.
Leister ruled to modify Adler’s bail from $500,000 to $100,000 for the Weis robbery charges, but chose to leave his bail for the bank robbery charges set at $100,000. Likewise, Leister ruled to leave Swartz’s bail for the bank robbery charges set at $100,000. Leister said she would allow bail for the defendants on these charges to be cash, bond or property.
Swartz had already waived his preliminary hearing in the Weis robbery case on Jan. 5, and his bail on those charges remains set at $500,000.
Following the proceedings, Adler and Swartz were returned to the Juniata County Prison. It was not immediately clear if their families would be able to post bail, even with the modifications allowed by Leister.
“We were not expecting to receive a modification, due to the fact we were only here for the East Waterford hearing,” McShane said. “We intend to file a motion with the Juniata County Court of Common Pleas to have Mr. Swartz’s bail reduced.”
“I would like to have seen Mr. Adler’s bail reduced further, but I understand the judge’s position,” Sheldon said. “We’ll have to file a motion for bail reduction as well. We’re talking about a good family with an average income. Even $20,000 on a percentage bond is unrealistic.”
Foose is being represented by defense attorney Brian Manchester, of Bellefonte and remains free on $20,000 posted bail.
“My client is doing the right thing. He didn’t have to step forward, but he did,” Manchester said, referring to Foose’s cooperation with the authorities. “He was brought into the situation under false pretenses, and things happened.”
“I definitely want to apologize to the community,” Foose said.
All three men are now scheduled to appear for formal arraignments in the Juniata County Court of Common Pleas on March 7.
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