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Jury finds woman guilty in trespassing case

A Schuylkill County jury found a Tamaqua woman guilty of a charge of criminal trespass and two counts of defiant trespass Monday in Schuylkill County Court.

Judith Vacula, 50, was found guilty. Assistant District Attorney Jennifer Foose prosecuted the case. Attorney William Burke represented the defense.

The jury reached the verdict in about an hour.

Judge Cyrus Palmer Dolbin ordered a presentence investigation and set sentencing for a later date.

Tamaqua Police responded to 237 E. Broad St. Feb. 3 after being informed Vacula was at the residence when not permitted to do so. A property had a condemned sign on it. Police found Vacula in her car with a sign saying she would be willingly arrested and would remain silent.

“We are a nation of laws and these laws need to be followed,” Foose said in her closing statement.

She said Vacula knew what she was doing when she went to the property.

Three people testified: Gregory Kurtz, the former borough building code official, Cpl. Thomas Rodgers of the Tamaqua Police Department, and Schuylkill Haven Police Officer Michael Weaver, who had been with the borough police.

Kurtz provided the timeline for the posting of the notice. He said Vacula applied for a permit for the electric but it didn’t pass inspection. Dec. 30 he issued a work permit for the property valid until June. However, on Jan. 6 the property was condemned for lack of heat, water and electricity, making it unfit for human habitation. Another notice was posted days later because the first one was missing. A notice to vacate was also posted.

Burke took issue with Vacula not been notified as per the borough code, which would trigger appeal rights. Kurtz said the work order was not revoked but “that doesn’t mean the condemnation is invalid.”

He testified he believed she was properly served as Vacula knew she was not permitted to enter the building. She called the police department and Kurtz about the issue, evidence showed. A voice recording was played with statements from the defendant.

Kurtz testified Vacula did not have permission to enter the property because she did not have the OK from him.

Rodgers testified he found footprints in the snow to the back of the property, inside and near her car. He testified there were signs “all over the place. Maybe three,” on the building.

In his closing statement, Burke asked jurors to “hold the borough’s feet to the fire,” with regard to the proper notification.

Foose said Vacula’s “own words put her inside that door” in referencing the voice mail.