The defense lawyer of a Tamaqua man accused of bilking an elderly couple out of more than $315,000 last year wants the charges against his client dropped.

Nicholas Quinn, who represents Alfonso "Alfie" Picone, 45, on Wednesday asked Schuylkill County President Judge William E. Baldwin to dismiss felony 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.Quinn also asked for any evaluations or reports concerning the two elderly victims' competency.Prosecutor Michelle Lynn Laucella of the state Office of the Attorney General told Baldwin she had no immediate plans to introduce the subject of competency or call the doctor who performed the evaluation as an expert witness at the trial.Quinn also asked for information from the Schuylkill County Office of Senior Services, and for the identity of the person who lodged the complaint.Laucella said the Office of Senior Services was not required to release that information.Quinn also asked for information about why a police officer involved in the case was terminated.He did not mention the officer's name. Quinn, Laucella and Baldwin discussed that request in private.Baldwin gave Quinn until Jan. 13 and Laucella until Jan. 25 to submit briefs. He'll rule sometime after that, but did not give a specific date.Picone, who attended the hearing but did not speak, remains free on $100,000 percentage bail. That means he posted $10,000 in cash or property.He was accompanied by several family members.District Judge Stephen J. Bayer on Oct. 8 dropped felony charges of theft by deception/false impression and theft by deception/prevention of acquisition of information and theft by failing to correct.Rush Township police officer Thomas R. Fort filed the charges on Oct. 15.According to court documents and testimony at a May 28 hearing, police were contacted in December 2014 by Brian Campbell of the Schuylkill County Office of Senior Services. Campbell was investigating the possible exploitation of an elderly Lake Hauto couple.Campbell on Dec. 24, 2014, told the man of "his concern regarding the couple's financial relationship with Alfonso Picone."Campbell told the husband that Picone had "been the defendant in multiple lawsuits, for nonpayment of services and had been convicted of failure to pay sales tax."Campbell gave the couple copies of public records of Picone's court history and explained that was why he wanted to speak to them.The husband told Campbell he had loaned Picone $40,000 and added his name to his and his wife's joint checking account in July 2014.He also said he began moving money from the couple's portfolio account, transferring it to an account managed by a friend of Picone's. He couldn't remember that friend's name.The couple agreed to have the Office of Senior Services investigate.Campbell scheduled a forensic financial audit as well as a health checkup to determine the couple's financial competency.Dr. Gary Champlin diagnosed the couple with neurocognitive disorder.Campbell discovered the victims had loaned Picone $20,000, which was not repaid.Picone's name was added to the couple's Wells Fargo checking account on July 31, 2014, to "make it easier for Picone to help them manage their money," according to a conversation between Campbell and the husband.The couple told Campbell they did not give Picone approval to pay his own personal bills out of their account.The audit found numerous checks made out to entities that have no connection to the couple, as well as several large withdrawals and deposits.That includes checks to contractors, checks made out to Picone and a check for $5,000 made payable to La Dolce Casa, the Tamaqua restaurant he co-owns and manages.In total, $315,492.47 was paid to Picone from the couple's account between Jan. 1, and Dec. 31, 2014, according to an audit conducted by Linda Mill, a certified fraud examiner with Temple University.