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Gambling history allowed in trial

Prosecutors will be allowed to submit Tamaqua restaurateur Alfonso Picone's gambling debt, tax liens, and a 2002 conviction for failing to pay sales tax as evidence at his trial on Aug. 29, a Schuylkill County judge ruled Tuesday.

"Alfie" Picone, 45, is accused of bilking an elderly couple out of $315,000.President Judge William E. Baldwin also will allow defense attorney Nicholas Quinn to question one of the victims to see if he is competent to testify.However, that examination must be done away from jurors and before the 94-year-old man takes his oath, Baldwin said.Quinn and Deputy Attorney General Michelle Lynn Laucella, who is prosecuting the case against Picone, also argued about whether Laucella was submitting documents to Quinn in a timely manner.The documents include a handwriting analysis and ink dating.Baldwin in May denied Quinn's request to have one of the victims testify by video before the trial begins.In March, he denied Quinn's request that charges against Picone be dropped because the case was based on hearsay evidence.Quinn on Tuesday suggested he needed more time to review the handwriting and ink dating documents.Baldwin reminded him that the victim's age underscored the need to go to trial soon.Picone was charged by Rush Township police on Oct. 15, 2015, 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.District Judge Stephen J. Bayer of Tamaqua dismissed three counts of theft by deception after an Oct. 8, 2015, preliminary hearing,Picone remains free on $100,000 percentage bail, posting $10,000 in cash or property.