HT News

November 17, 2009

Home-invasion case vs. duo starts today

Jury to be picked for men charged with entering home in Hazleton, beating couple.

By Sheena Delazio sdelazio@timesleader.com
Staff Writer
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WILKES-BARRE – A Luzerne County jury will be selected this morning to hear the case of two men charged in a Hazleton home invasion in which a well-known elderly couple were beaten one year ago.

Daniel Pinkney, 22, of West Hazleton, and Kevin Fisher, 27, of Hazleton, were in county court Monday when their attorneys argued several motions before Judge Peter Paul Olszewski Jr.

Olszewski said jury selection will begin this morning followed by testimony in the case.

According to court papers, Fisher and Anthony Robert Cangiano, 34, planned the robbery of Nicholas and Martha Caputo on Nov. 15 last year.

Investigators said Fisher recruited Joseph Harry Bardi, 38, of Weston, and Pinkney to rob the Caputos, who own a successful ice business in the Hazleton area.

Police said Pinkney rushed into the house but the robbery plan was spoiled when he saw Martha Caputo lying on the couch watching television.

He then allegedly placed a duffle bag over her head and struck her several times with a handgun.

Police said Fisher hit Nicholas Caputo with brass knuckles when Caputo tried to help his wife.

Cangiano and Bardi waited outside in a vehicle near the home, police said.

Olszewski denied a request by Pinkney’s attorney, John Donovan, to sever the cases of Pinkney and Fisher. They will now be tried together.

Donovan said the trials should be separate because prosecutors Deputy District Attorney David Pedri and Assistant District Attorney Albert Yacoub intend to submit a statement Fisher made against Fisher and Pinkney.

Olszewski also denied a motion by Fisher’s attorney, Robert Buttner, to throw out the charges against his client or send the case back to a preliminary hearing.

Buttner said at Fisher’s preliminary hearing that prosecutors didn’t present enough evidence to establish a case.

However, the judge allowed statements Fisher made to investigators during interrogations to be used at the trial.

Cangiano pleaded guilty on Oct. 15 to one count of criminal conspiracy to commit robbery stemming from his involvement in the home invasion.

He’ll be sentenced on Jan. 7, 2010.

Bardi pleaded guilty to a similar charge on Oct. 8, and will be sentenced on Nov. 24

Sheena Delazio, a Times Leader staff writer, may be reached at 829-7235.

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