World War II veteran John W. Burnard, leaning on a cane, took the witness stand in Schuylkill County court on Monday and testified under oath that neither he nor his late wife Ella had ever given their friend Alphonso Picone large sums of money as gifts.

Under cross-examination by Picone’s defense lawyer, Burnard, 93, did acknowledge that they gave Picone, who is part owner/manager of La Dolce Casa/DiMaggio’s in Tamaqua, substantial checks to help his restaurant “with the understanding it would reappear. Restitution,” Burnard said.Picone, 46, was charged in May 2015 by then-Rush Township patrolman Thomas Fort with stealing $315,492 between January and December 2014 from the Burnards, of Lake Hauto, both of whom were 91 at the time.He remains free on $100,000 percentage bail.Picone’s trial before President Judge William E. Baldwin on charges of 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 began Monday and is expected to continue through the week.Deputy Attorney General Michelle L. Laucella contends Picone befriended the couple, who frequented his restaurant, then bilked them over the course of a year.Ella Burnard, who had always handled the couple’s finances, was rapidly declining mentally and sought Picone’s help in paying bills and balancing her checkbook, according to testimony.Defense attorney Ross M. Miller argued that Picone “became like a son” to the Burnards, and that the money was a gift.He questioned the extent of Ella’s decline, and suggested John Burnard was aware of the transactions.Opening statementsElla Burnard in 2013 “began making very large gifts of money, some to my client and some to others,” Miller said in his opening statement.He said Picone initially refused the checks, accepting them only after talking with members of the Burnard family.The couple “made the decision about giving money to people they cherished in their life. One of those people was Alfie,” Miller said.The money was given, he said, “freely, willingly and intentionally.”In her opening statement, Laucella told jurors Burnard “is a trusting man. In 2014, he trusted the wrong person.”Picone, she said, took money from the couple for an addition to his house, to maintain his business, which was in the red, and that he “gambled hundreds of thousands of dollars at casinos in 2014.”A competency hearing was held before jurors entered the courtroom. Burnard had trouble with naming the date and his age, and was unclear as to what the legal proceedings were about.Miller sought to have him declared incompetent to testify.Baldwin denied that request, saying Bernard knew the difference between truth and lies, knew he lived in a nursing home, and could tell the court the activities he enjoyed there.TestimonyAs the trial got underway, Laucella called Burnard, whose wife died on June 13, to the stand.Burnard testified Ella handled the finances. They had taken their meals at Picone’s restaurant after they mostly stopped cooking for themselves.As Ella’s cognitive abilities declined, she asked Picone to help her with the bills. Eventually, they had his name added to their investment account at Wells Fargo Bank so he could pay bills.Burnard had trouble with dates and times, but recalled with clarity his military service.A retired researcher, Burnard testified to his wife’s decline. She had always been “precise” and “sharp as a tack,” he said.But beginning a few years ago, she became forgetful.“It was really terrible. She was really out of it. It’s hard when it’s the one you love,” he said.Burnard testified he talked with Picone about the couple’s investment account.“Did you ever give him permission to take $300,000 from the investment account?” Laucella asked.“Never,” Burnard replied.Asked if Ella had, he said, “Not to my knowledge.”Asked if they had ever given Picone money for remodeling his house, Burnard said he never had, and had no knowledge of Ella doing that.Later, Palmerton business owner Randy Rahn testified Picone paid him $26,000 for kitchen cabinets and granite countertops, with a check drawn on the Burnards’ bank account and signed by Ella Burnard.Rahn testified he received the $26,000 check drawn on the Burnards’ account on Dec. 9, 2014.Any checks to Picone were not gifts, Burnard testified.“I thought that was an understanding. It was a loan,” he said.Asked by Miller why Picone came to them for money, Burnard said “Because he could get it, free and clear of interest.”Only necessitiesThe Burnards’ son Kurt Burnard testified that his parents “didn’t spend their money” on anything but necessities. “They didn’t blow their money,” he said.Nor did they give large gifts of money, even to Kurt and his sister, Kim.Picone, Kurt Burnard said, “treated them like celebrities.”The couple paid for their meals at Picone’s restaurant at first, but eventually Picone stopped charging them. He had meals delivered to their house in bad weather, and gave Ella several gifts of purses and blouses.Kurt Burnard testified he was close to his father and stepmother, Ella, visiting them once a month and talking by phone once a week.By July 4, 2014, it was clear Ella’s mental capacity was fading, he said.The Burnards’ friend Nancy Kevilly testified that Ella’s mental decline became apparent about three years ago, when she could no longer play canasta, a card game she was once very good at.Kurt Burnard said he had noticed even before then that Picone “kind of catered to my parents.”In August or September of 2014, Picone suggested to the Burnards that they draw up a will, leaving everything to their son.He had his business lawyer, Leo Howells, start work on it. But, Kurt testified, after three months, no will was completed.When Brian Campbell, a protective service investigator for the Schuylkill County Office of Senior Services, called him on Dec. 24, 2014, to tell them of his concerns about Picone, Kurt Burnard said he “was blown away. In disbelief. But he wasn’t lying to me.”He immediately moved to his parents’ home and stayed for six weeks, caring for them. Eventually, he had to return to work, and so found a nursing home for them close to where he lives.Picone’s alleged siphoning of funds from their account “kind of broke their hearts,” Kurt Burnard said.In January, the Burnards gave Kurt power of attorney.Campbell, testified he received a report on Dec. 19, 2014, about something amiss with the Burnard’s finances.He interviewed them, noting that Ella appeared confused and walked into the room in a state of undress. She sat and stared, and occasionally handed him objects.Campbell made a report to Rush Township police and to Kurt Burnard.Ella also appeared confused at following meetings, unable to understand what was being discussed, he said.John Burnard was able to answer questions about the couple’s financial records.Rush Township officer Thomas Fort testified that he once worked for Picone delivering pizzas in 1998-1999. He ate at the restaurant until being assigned the investigation.He described Ella as incoherent and unable to answer his questions in early January 2015.He sent the Burnards’ financial records and Picone’s to a certified fraud examiner.Fort charged Picone on May 28, 2015.