Another month will pass before one of the four men serving state prison time for the September 2009 murder of a Luzerne County man in East Union Township gets a chance to convince a judge to allow him to withdraw his guilty plea.
Curtis T. Foose, 28, of Hazleton, must return to court at 9:30 a.m. Feb. 28 for his hearing, his lawyer, Claude A.L. Shields, Pottsville, said Monday after Judge Charles M. Miller continued the hearing.
Assistant District Attorney Jennifer N. Lehman said Miller did not have the necessary documents to conduct the hearing.
"The record is still with the Superior Court," Lehman said Monday.
When the hearing is held, Foose will seek to convince Miller to allow him to withdraw the guilty plea he entered Sept. 17, 2010, to third-degree murder, conspiracy, robbery, aggravated assault, theft and simple assault in connection with the death of Anthony Locascio, 21, of Hazleton.
Miller sentenced Foose Nov. 5, 2010, to serve 47 1/2 to 95 years in a state correctional institution. Foose is serving his sentence at SCI/Mahanoy.
State police at Frackville alleged that Foose; Shane D. Roof, 23, of Palmerton, Jeffrey A. Gombert, 22, of Hazleton and Andrew T. Tutko II, 22, of McAdoo, conspired to beat Locascio with aluminum baseball bats on Sept. 14, 2009, off Old Mill Road near Brandonville.
Police said Foose drove all four to the site and watched while the other three beat Locascio and stole his clothes.
Roof also pleaded guilty Sept. 17, 2010, while Gombert and Tutko pleaded guilty Sept. 22, 2010; all three pleaded guilty to the same crimes that Foose did. Miller sentenced Roof on Nov. 5, 2010, to 47 to 94 years in state prison, and sentenced Gombert and Tutko on Nov. 18, 2010, to 20 to 40 years and 25 to 50 years, respectively, in state prison.
Roof is serving his sentence at SCI/Cresson in Cambria County, Gombert is at SCI/Fayette and Tutko is at SCI/Houtzdale in Clearfield County.
Foose has alleged his former lawyer, Thomas J. "Tim" Pellish, Pottsville, assured him he would get much less prison time if he pleaded guilty.
The state Superior Court quashed Foose's original appeal on Sept. 20, 2011. Defendant
· Name: Curtis T. Foose
· Age: 28
· Residence: Hazleton
· Crimes committed: Third-degree murder, conspiracy, robbery, aggravated assault, theft, simple assault
· Prison sentence: 47 1/2 to 95 years in a state correctional institutionDefendant: Curtis T. Foose
Age: 28
Residence: Hazleton
Crimes committed: Third-degree murder, conspiracy, robbery, aggravated assault, theft, simple assault
Prison sentence: 47 1/2 to 95 years in a state correctional institution