Two Schuylkill County women facing felony burglary and other offenses related to an alleged incident earlier this year saw those charges dismissed at a contentious hearing in District Court this week.
Magisterial District Judge Edward Lewis determined the Schuylkill County District Attorney’s Office failed to present a prima facie case showing that Nicle Ervolino and Katie Serrano participated in an alleged burglary incident at a garage in Mechanicsville back in February.
At times, the hearing turned testy, with the prosecutor and defense attorneys trading sharp words in the courtroom. One defense lawyer went so far as to suggest the prosecution’s key witness was “hellbent” on prosecuting one of the women because she’d had sex with the man at the center of the dispute.
Serrano was charged with burglary, criminal trespass, criminal mischief, defiant trespass, and simple trespass. Ervolino was facing conspiracy counts of burglary, criminal trespass, and criminal mischief, along with defiant trespass and simple trespass.
A third defendant in the case, Tony Fordham, 51, of Schuylkill Haven, had previously had felony charges against him dismissed but he’s facing misdemeanor offenses for defiant trespass, criminal mischief, and criminal trespass at Schuylkill County Court of Common Pleas.
It was the District Attorney’s Office’s contention that Fordham, Ervolino, and Serrano showed up at a home on Port Carbon St. in Mechanicsville on Feb. 27 to get money from a man named Brian who was living in a garage there. And to get that money, Assistant District Attorney David Noon and State Police say the trio kicked open the door to the garage and caused a commotion. And when the homeowner came outside to see what was happening, Ervolino and Serrano prevented her from accessing the garage.
During Tuesday’s hearing, Lewis heard testimony from Tanya Harrison, whose mother was allowing “Brian” to stay in the garage at her home. Harrison testified that she has Power of Attorney over her mother and the Mechanicsville home is hers.
On the morning of the alleged incident, Harrison testified that she was awakened by a notification from a security camera at the detached garage to the Mechanicsville property. She said it was Serrano and that “Brian” was telling her to leave several times as she insisted, “Let me in. Let me in.” Harrison said she knew Serrano and “Brian” to be dating, at least on and off, at that time.
About 12 hours later, Harrison said Serrano reappeared at the property, this time accompanied by Ervolino and Fordham. She said she was in the house talking with her mom when she heard a loud noise outside.
“You could hear the door being kicked in,” she testified. However, no evidence was presented that actually showed the door being kicked in, as she said. She said the damage to the door was estimated to be at least $2,100.
Harrison said she and her two dogs went outside to see what the noise was but the two other women wouldn’t allow her to enter the garage.
“You’re not going in there,” she said Ervolino told her. Harrison said she didn’t know Ervolino or Fordham prior to this incident.
At that point, Harrison’s mother came to the door and told Serrano to leave the property, Harrison said, and Serrano eventually did leave. Fordham and “Brian” kept arguing, she said.
Harrison said she didn’t feel like dealing with the situation as things got heated so she phoned 9-1-1.
On cross-examination, however, attorneys Ashley Sabol and James Conville pointed to a lack of evidence implicating their clients, including the ability to identify the female suspects on security video.
Harrison said she knew it was Serrano yelling in the morning video by the sound of her voice.
Conville confirmed in his questioning that Harrison didn’t see the door being kicked in.
Sabol suggested that Harrison was “so hellbent” on prosecuting Serrano because Harrison herself had had sex with “Brian” in the past.
When Conville questioned Harrison about the Fordham case, Noon interjected and that touched off a verbal confrontation between the lawyers.
“What’s the relevance,” Noon asked.
Both Conville and Sabol, in concert, replied, “It is relevant.”
“Don’t yell,” Noon snapped back.
In his closing argument, Conville said, “I think we see what’s going on here. Anything they’ll present is speculation.”
He said there was no evidence presented at the hearing that his client kicked in the door to the garage or that she told someone to kick it open.
“If anything, it’s a summary trespass (charge),” Conville said.
Sabol said Harrison didn’t know Ervolino so how would Ervolino know that she wasn’t welcome on the property.
Noon countered their arguments by saying he believed he proved there was a conspiracy to commit a burglary.
“They don’t have to show up with Team Ervolino or Team Serrano shirts on. These folks were working as a team. Mr. Fordham is the muscle,” Noon said. “They’re acting in tandem. They’re there to get their money.”
Lewis agreed with the defense and ruled there wasn’t enough evidence presented to prove what Noon had argued. Noon said after the ruling that the DA’s Office would be refiling charges against the two women.
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