by peter e. bortner
A three-judge state Superior Court panel has upheld the conviction and state prison sentence of a Virginia, man who threatened potential witnesses against his brother.
Olando A. Guichard, 33, of Fort Eustis, Va., did not show his lawyer was ineffective and produced no reason to overturn his conviction, the judges ruled in a six-page opinion filed Thursday in Pottsville.
As a result, Guichard's conviction on the crimes of intimidation of a witness, conspiracy, possessing an instrument of crime, simple assault and terroristic threats stands, as does his prison sentence of 18 to 36 months.
At the end of a two-day trial, a jury convicted Guichard, formerly of New York City and Lansford, on Dec. 11, 2009, of the five crimes. Judge Charles M. Miller, who presided over the trial, imposed the sentence on Jan. 29, 2010.
Pottsville police charged that on July 11, 2008, in the city, Guichard threatened two men who had been expected to testify against his brother, Zachary Guichard.
In the panel's opinion, Judge Christine Donohue wrote that Olando Guichard's lawyer was not ineffective for not appealing his client's conviction. The lawyer did file an appeal, but Guichard told him to drop it, Donohue ruled.
"The record supports the trial court's finding that counsel withdrew Guichard's appeal at Guichard's request," Donohue wrote.
Donohue also wrote that the lawyer was not ineffective for not calling two witnesses, Benjamin Broad and Dorothea Williams, because they would have hurt Guichard's case by testifying that he had a gun during the incident.
"We certainly cannot conclude that the absence of their testimony prejudiced Guichard, Donohue wrote.
Judge John L. Musmanno and Senior Judge Robert E. Colville, the other panel members, agreed with Donohue's opinion.
Olando Guichard currently is serving 12 months at Federal Medical Center/Butner in North Carolina after being sentenced on Feb. 24 by Senior U.S. District Judge A. Richard Caputo on a charge of conspiracy to distribute and possess with intent to distribute cocaine, crack cocaine, marijuana and methamphetamine.Defendant: Olando A. Guichard
Age: 33
Residence: Fort Eustis, Va.
Crimes committed: Intimidation of a witness, conspiracy, possessing an instrument of crime, simple assault and terroristic threats
Prison sentence: 18 to 36 months in a state correctional institution