Fred S. Wiliams, 51, of 30 Walnut St., Delano, who was scheduled to go on trial Wednesday in Schuylkill County court on drug charges, received an unexpected birthday present as the case was continued to a later date. His birthday was Wednedsday.

The jury was seated and Judge John E. Domalakes came in and started to announce calling Williams to stand trial on charges of possession with intent to deliver a controlled substance, possession, possession of drug paraphernalia, resisting arrest, and disorderly conduct, when Public Defender Kent D. Watkins announced he had a motion to make outside the hearing of a jury. The jury left the court room and Watkins made his motion.It was a motion in limine a process of obtaining an advanced ruling pertaining to a witness to be presented by the commonwealth.In his motion, Watkins said on Feb. 1, 2011, he made an informal request for discovery to the commonwealth the evidence they planned to present and the commonwealth supplied discovery. Watkins said no expert reports were included in the discovery but Assistant District Attorney Thomas J. Campion Jr. on Oct. 18, left a message that state police Cpl. Michael Dissinger, would testity as an expert witness regarding the possession with intent to deliver charge.Watkins stated that Pennsylvania Rule of Criminal Procedure provides upon motion of the defendant may require the commonwealth provide a report stating the subject matter on which the expert is expected to testify, the substance of the facts on which he is expected to testify, and a summary of opinions.Watkins said he did not receive such a report nor any information concerning the expert witness and that he cannot be prepared to address the expert testimony at trial nor have his own expert witness to address the testimony of the commonwealth's expert. He asked the court to prohibit Dissinger's testimony as an expert or in the alternative continue the trial and order the commonwealth to supply the mandatory discovery of the expert's opinions.Campbell told the court he intended to call Dissinger to the witness stand twice first to testify as a fact witness and second to give an expert opinion regarding the charge of possession with intent to deliver a controlled substance.Domalakes ruled to continue the case and ordered the district attorney's office to furnish the defendant the information requested. The jury was called back to court and after an explanation Domalakes dismissed it.