There's no need to have the 93-year-old man who police say was bilked out of $315,000 by a Tamaqua restaurateur testify by video before the trial begins in June, a Schuylkill County judge ruled Monday.

Nicholas Quinn, who is representing Alfonso "Alfie" Picone, 45, wanted the video deposition so the elderly man's testimony would be preserved should he be unable to speak at the trial.President Judge William E. Baldwin questioned Quinn as to whether he thought the elderly man was in such poor health he might die before the trial.Deputy Attorney General Michelle Lynn Laucella, who is prosecuting the case against Picone, told Baldwin she has recently visited the man, who lives in Lake Hauto, and he is in good health.She said video depositions are allowed only under extenuating circumstances, such as a witness's impending death or expected prolonged absence from the country during a trial.Neither circumstance applies to the elderly man, she said.Quinn also withdrew his request to have a doctor by Picone's defense team examine the man, whose wife is in extremely ill health, to determine if he is competent to testify at the trial.Quinn dropped his request after Laucella said she would not be calling any competency experts to testify.Quinn also spoke of giving a document to Laucella at her request so she could have a handwriting expert examine it.That hasn't been done yet, and given the short amount of time before the trial, Baldwin urged her to have the examination done "post haste."Baldwin in March denied Quinn's request that charges against Picone be dropped because the case was based on hearsay evidence."The evidence established that the defendant did not have permission to use the (victims') money for his personal expenses. He took it knowing that he was not permitted to do so, and he failed to return any portion of the proceeds," Baldwin wrote in his March 1 ruling."Bank records show he took over $300,000 in a matter of a year. The (victims) were unaware of these transfers and believed (Picone) was only helping to pay their bills," he wrote.Additional evidence from other witnesses established the other elements, including testimony from a forensic accountant as to the specifics of the transfer of funds between Picone and the victims.Former Rush Township police officer Thomas R. Fort on Oct. 15, 2015, charged Picone with dealing in proceeds of unlawful activities with intent to promote, knowledge that property is proceeds of an illegal act, theft by unlawful taking and receiving stolen property.After an Oct. 8, 2015, preliminary hearing, District Judge Stephen J. Bayer of Tamaqua dismissed three counts of theft by deception.Picone remains free on $100,000 percentage bail, posting $10,000 in cash or property.