A Lehigh County man, scheduled to be sentenced on Monday in Carbon County court on felony charge of theft by deception, failed to show for a second time.
Edwin David Kistler, 62, of Whitehall, was to appear before President Judge Roger N. Nanovic II for sentencing in a case in which prosecutors charged him with bilking a elderly Penn Forest Townshp resident out of an estimated $122,000. The victim of the scam, George Abrachinsky, of Albrightsville, has since died.
Kistler failed to appear for a sentencing proceeding on July 14, 2008, after previously entering a guilty plea. He managed to elude authorities for two years before he was arrested at a traffic stop in Lehigh County. At the stop the arrest officer ran a routine check on his name and learned there was an outstanding bench warrant out of Carbon for failure to appear.
The case continued as Kistler then indicated he wanted to withdraw his plea but that was later dismissed.
Defense Atty. Joseph D. Perilli told Nanovic that he received a call on his cellular phone voice mail from Kistler earlier in the day (Monday) that he was ill and was en route to the hospital. However, Perilli said Kistler did not provide the name of the hospital Kislter was going to.
Perilli also told the court that Kistler claimed he had a history of health problems. Perilli said he had asked his client for copies of his medical records to present to the court but Kistler did not comply. Perilli said Kistler had promised to bring those medical records with him for the sentencing proceeding.
Assistant District Attorney James M. Lavelle asked Nanovic to issue a bench warrant for Kistler. Lavelle said Kistler was showing little or no respect for the law.
Nanovic said he would issue the warrant but hold it until Tuesday monring to give Perilli a chance to see if his client was actually in a hospital.