Bierly
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Assault charge dismissed against inmate awaiting trial for homicide
WILKES-BARRE — A district judge dismissed a simple assault charge against Charles Bierly when the alleged victim, William Southard, failed to appear to testify at a preliminary hearing in Luzerne County Central Court.
Bierly, 24, was charged by Luzerne County detectives for punching Southard while playing cards in a day room with other inmates inside the county correctional facility on July 19.
Southard was taken to a hospital after the alleged assault.
When Southard failed to appear to testify Monday, a district judge dismissed the charge against Bierly.
Bierly has been held without bail at the county prison for his alleged role in the killing of Judith Comisky inside her Willow Street, Wilkes-Barre, residence on Sept. 16, 2021.
Police also charged James Raymond Alberto, 33, of Wilkes-Barre, in Comisky’s death.
Drug possession, tampering charges dismissed
WILKES-BARRE — A woman accused by Wilkes-Barre police of picking up a bag filled with illegal narcotics during the broadcast of ‘On Patrol: Live’ had charges dismissed during a preliminary hearing in Luzerne County Central Court on Monday.
Brenda Tabino, 38, of Madison Street, Wilkes-Barre, was charged when she followed a city police officer in a search of items tossed from a vehicle on Madison Street on Jan. 27, according to court records.
Police were engaged in a traffic stop of a vehicle driven by Duane A. Modest Jr., 39, court records say.
Modest allegedly threw items out the passenger side window prior to stopping.
As an officer searched for the discarded items, Tabino picked up a bag that contained Oxycontin and fentanyl pills, 17 suspected ecstasy pills, crack cocaine and cocaine, court records say.
Charges of possession of a controlled substance and tampering with evidence were dismissed against Tabino.
Modest, of Madison Street, was charged with possession with intent to deliver a controlled substance, possession of a controlled substance, tampering with evidence and possession with drug paraphernalia. A preliminary hearing for Modest was continued to April 11.
— Ed Lewis