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Jury finds man not guilty of entering woman's home

The alleged victim sat stunned when she heard a jury bring in a verdict of not guilty on a man she had accused of stalking her and of finding him standing over her as she slept on a couch after he had broken into her home.

Mark Anthony Tutko, 53, of Shenandoah, was found not guilty of burglary, criminal trespass by breaking into a building, stalking, loitering and prowling, and harassment after a trial before Judge Jacqueline Russell in Schuylkill County court. He did not take the witness stand in his own defense and the only testimony heard by a jury of 11 women and one man was from the victim.Barbara Biscoe, of Girard Ave., West Mahanoy Township, said she did not know Tutko, never spoke to him but knew his family lived a few blocks from her in Shenandoah. She testified she first noticed him at her back fence staring into her kitchen window and also saw him watch her raking the yard and that the rake was missing the next day but later showed up.But on Aug. 30, 2011, she testified to a harrowing experience. She works in a government office in Harrisburg and each day wakes up at 3 a.m. and boards a bus at the Schuylkill Mall for the trip to the state capitol and does not get home until 7 p.m.On this day, like on other times, because she was very tired she laid down on the couch in her living room and watched television before going to sleep.She testified during the early morning hours she was awakened by a voice whispering in her ear, "It's all right Barbara, it's all right."She felt a hand on her thigh and when she became fully awake she screamed and jumped up and started hitting the person on the chest with her closed fists. She began pushing him towards the kitchen door and finally unlocked the kitchen door and pushed him and called 9-1-1.A tape of her call to the emergency center was played for the jury and they heard the voice of a terrified woman asking to "please send the police." Biscoe identified the man as Tutko.Although her home is in West Mahanoy Township, the township police department has an agreement with Shenandoah police that they cover this area. Shenandoah police responded.Patrolman Robert Senape, who filed the charges, testified he found an air conditioner removed from the kitchen window and entrance was gained through the window and also muddy footprints were found leading into the living room.Since the verdict Biscoe has had sleepless nights and she was having a security alarm system installed in her home and put bars on windows.