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Front Page » February 7, 2008 » Local News » Judge schedules Relyea trial date
Published 2,357 days ago

Judge schedules Relyea trial date


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By LYNNDA JOHNSON
Sun Advocate editor

The 7th District Court has scheduled a three-day trial date in one of six felony level criminal informations filed against Randall Matthew Relyea, a doctor who previously operated a medical practice in Price.

On Jan. 22, the 40-year-old defendant appeared before the 7th District Court at continued arraignment in the felony criminal complaints.

Judge George M. Harmond presided on the district bench, Carbon County Attorney Gene Strate acted as the state prosecutor and legal counsel Michael Petro represented Relyea at the proceedings.

After the defendant entered not guilty pleas in a case containing one first degree felony level distributing/arranging the distribution of a controlled substance count and one class B misdemeanor category filing a false/fraudulent insurance claim charge, Judge Harmond scheduled a June 17 trial date and allowed three days to complete the criminal proceeding.

In addition, the court set an April 30 discovery deadline for the exchange of information related to the case and scheduled a pretrial conference in the felony level complaint on May 5.

Granting joint prosecution-defense motions, the district judge continued the defendant's arraignment in the remaining five felony level criminal informations until May 5.

Last July, Relyea appeared at preliminary hearings in the six separately filed felony level criminal informations.

Former Carbon Metro Drug Task Force Officer Robin Radley testified for the prosecution at all six preliminary hearings, while the defense called no witnesses to the stand during the criminal proceedings.

•The first criminal case filed against the defendant contained two counts, one first degree felony distributing/arranging the distribution of a controlled substance charge and one class B misdemeanor category insurance fraud offense.

The complaint contended that, on or about Feb. 8, 2007, Relyea distributed or arranged to distribute a controlled substance within 1,000 feet of a public school, park, church or shopping mall - a first degree felony offense.

The prosecution maintained that Relyea committed the class B misdemeanor count by accepting proceeds valued at less than $300 derived from a fraudulent insurance act on the same date.

•The second criminal information accused Relyea of unlawfully possessing or using a controlled substance on July 7, 2006 - a third degree felony level charge.

The complaint identified the controlled substance in question as Percocet, a prescribed pain medication.

•The third criminal information filed against the defendant contained two first degree felony distributing/arranging the distribution of a controlled substance counts and two class B misdemeanor insurance fraud charges.

The state prosecutor's office contended that Relyea committed the first degree felony offenses by distributing or arranging to distribute a controlled substance within 1,000 feet of a public school, park, church or shopping mall on or about Feb. 20 and Feb. 23, 2007.

In connection with the class B misdemeanor counts, the court document maintained that the defendant accepted proceeds valued at $300 derived from fraudulent insurance acts on two occasions during the three-day period in question.

•The fourth formal complaint accused the defendant of committing six first degree felony distributing/arranging the distribution of a controlled substance charges and six class B misdemeanor insurance fraud offenses from July 3 to July 25, 2006.

•The fifth criminal information charged Relyea with committing two first degree felony distributing/arranging the distribution of schedule one or schedule two narcotics counts and two related class B misdemeanor fraudulent insurance act offenses on or about Dec. 8 and Dec. 29, 2006.

•The last formal case filed against the defendant contained two separate first degree felony distributing/arranging the distribution of a controlled substance charges along with two additional class B misdemeanor category insurance fraud offenses.

The court document contended that the defendant committed the four first degree felony and class B misdemeanor counts on April 27, 2005 and Feb. 2, 2006.

Acting on a prosecution motion at the July proceedings, the district judge amended one of the first degree felony counts filed against the defendant to a lesser included second degree distributing/arranging the distribution of a controlled substance charge.

In addition, the court granted separate motions from the county attorney's office and dismissed six of the remaining first degree felony distribution/arranging the distribution offenses along with 10 of the class B misdemeanor insurance fraud counts filed against Relyea.

At the conclusion of the preliminary hearings, Judge Harmond ruled the evidence presented at the proceedings sufficient to show probable cause the defendant committed six of the original first degree distributing/arranging the distribution of a controlled substance charges, the amended second degree distribution/arranging the distribution of a controlled substance offense and two of the class B misdemeanor false/fraudulent insurance claim counts.

After issuing the probable cause rulings, the court bound Relyea over to answer the seven felony level distribution/arranging the distribution of a controlled substance charges and the two misdemeanor category insurance fraud offenses at arraignment in the criminal informations on Oct. 15

However, the district judge ruled the evidence presented by the prosecution at the preliminary hearings insufficient to show probable cause the defendant committed the third degree unlawful possession/use of a controlled substance count and one of the class B insurance fraud charges contained in the criminal complaints before dismissing the two felony level and misdemeanor category counts filed against Relyea.

•The third criminal information filed against the defendant contained two first degree felony distributing/arranging the distribution of a controlled substance counts and two class B misdemeanor insurance fraud charges.

The state prosecutor's office contended that Relyea committed the first degree felony offenses by distributing or arranging to distribute a controlled substance within 1,000 feet of a public school, park, church or shopping mall on or about Feb. 20 and Feb. 23, 2007.

In connection with the class B misdemeanor counts, the court document maintained that the defendant accepted proceeds valued at $300 derived from fraudulent insurance acts on two occasions during the three-day period in question.

•The fourth formal complaint accused the defendant of committing six first degree felony distributing/arranging the distribution of a controlled substance charges and six class B misdemeanor insurance fraud offenses from July 3 to July 25, 2006.

•The fifth criminal information charged Relyea with committing two first degree felony distributing/arranging the distribution of schedule one or schedule two narcotics counts and two related class B misdemeanor fraudulent insurance act offenses on or about Dec. 8 and Dec. 29, 2006.

•The last formal case filed against the defendant contained two separate first degree felony distributing/arranging the distribution of a controlled substance charges along with two additional class B misdemeanor category insurance fraud offenses.

The court document contended that the defendant committed the four first degree felony and class B misdemeanor counts on April 27, 2005 and Feb. 2, 2006.

Acting on a prosecution motion at the July 2007 proceedings, the district judge amended one of the first degree felony counts filed against the defendant to a lesser included second degree distributing/arranging the distribution of a controlled substance charge.

In addition, the court granted separate motions from the county attorney's office and dismissed six of the remaining first degree felony distribution/arranging the distribution offenses along with 10 of the class B misdemeanor insurance fraud counts filed against Relyea.

At the conclusion of the preliminary hearings, Judge Harmond ruled the evidence presented at the proceedings sufficient to show probable cause the defendant committed six of the original first degree distributing/arranging the distribution of a controlled substance charges, the amended second degree distribution/arranging the distribution of a controlled substance offense and two of the class B misdemeanor false/fraudulent insurance claim counts.

After issuing the probable cause rulings, the court bound Relyea over to answer the seven felony level distribution/arranging the distribution of a controlled substance charges and the two misdemeanor category insurance fraud offenses at arraignment in the criminal informations on Oct. 15, 2007.

However, the district judge ruled the evidence presented by the prosecution at last July's preliminary hearings insufficient to show probable cause the defendant committed the third degree unlawful possession/use of a controlled substance count and one of the class B insurance fraud charges contained in the criminal complaints before dismissing the two felony level and misdemeanor category counts filed against Relyea.

During the time period lapsing between last July's preliminary hearings and the defendant's court appearance on Jan. 22, the district judge granted several motions continuing the arraignment dates initially set in the felony level criminal informations filed against Relyea.


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