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Jury finds Tamaqua man guilty in drug case

A Schuylkill County jury ruled a Tamaqua man guilty Monday of selling drugs four times in May 2020 in the borough.

Justin Neff, 36, was found guilty of four counts each of manufacture, delivery or possession with intent to manufacture of deliver, criminal use of a communications facility and possession of a controlled substance.

The verdict was reached in about 30 minutes. President Judge William E. Baldwin ordered a presentence investigation. Neff was sent back to Schuylkill County Prison. His bail remains at $25,000 on each case. A sentencing date was not set.

Tamaqua Police charged Neff with selling the drugs after meeting a confidential informant on North Elizabeth Street and Glenwood Avenue.

“You cannot get any better evidence than the videotape,” Assistant District Attorney Jennifer Foose said during her closing arguments.

The footage from May 13, May 20, May 21 and May 22 showed Neff meeting a confidential informant where the transactions took place. James Diflorio, a forensic scientist with the state police crime lab, testified he tested bags of the drugs sold to the informant that tested positive for heroin or fentanyl.

Four people testified: the confidential informant, Diflorio and Cpl. Thomas Rodgers and patrolman Anthony Stanell.

The informant was the first testify. He called Neff on the four dates, which police listened to on speaker, and arranged the drug sales. No drugs were found on him before or after the exchanges. Neff was given $40 for the drugs each date, the informant said. Police drove the informant to a location near the exchange site.

“He sold me the narcotics,” the informant said of Neff.

Rodgers testified to what the video showed, that at no time did he lose sight of the informant, and the drugs found in evidence bags.

Stannell testified he received the drugs from the informant after the sale and gave them to Rodgers at the police station.

Neff’s attorney Bill Burke said during his closing arguments that the informant had a personal interest in the case because he was getting paid.

“I submit he’s not being truthful,” he said.

Foose said just because the informant was paid does not make him not credible. She said police testified what happened.

“You got to see the transactions,” she said.

The commonwealth has proven its case, she said.

Burke said Neff will likely be appealing the conviction. However, he conceded it might be a tough sell.

“It’s hard to unexplain a videotape,” he said.

Foose said Neff is looking at a state prison sentence. The conviction is a benefit for the county.

“Let this be a lesson that Schuylkill County is not a sanctuary county for drug dealers,” she said.