Picone gets up to 5 years in state prison
Tamaqua restaurateur Alfonso “Alfie” Picone, convicted of bilking an elderly couple out of $319,501, didn’t visibly react as Schuylkill County President Judge William E. Baldwin on Monday sentenced him to 18 months to five years in state prison, and ordered him to repay the money.
But later, as Sheriff Joseph Groody handcuffed Picone to lead him away, his mother sobbed, his family took turns kissing and hugging him, and the crowd of about 75 supporters shouted “Alfie, we love you!” in unison before breaking into applause.One man angrily shouted something in Italian as Picone was taken away.Picone’s lawyer, Ross M. Miller of Lansdale, asked Baldwin to keep Picone, 46, free for an unspecified amount of time on the $100,000 cash imposed after a jury convicted Picone on Sept. 22.But Baldwin said the fact that it took Picone’s family and friends less than two hours to come up with $90,000 caused him “concern” that Picone may be a flight risk.Miller had called Mathew Jones of Tamaqua, who works for Picone and brought the cash to the courthouse that day.Miller said the contributors included Michael Russo, who gave $30,000; Alfonso DiFiore, who gave an unknown amount; Michelle Krell, who gave $15,000; a Mr. Lankalis $10,000; and a man named Frank (no one was able to recall his last name), who gave $20,000. The bail money will be returned to them.Although Deputy Attorney General Michelle L. Laucella had planned to have Picone forfeit the $100,000 cash bail to help pay restitution, Baldwin said no, because the money was not Picone’s.Miller also said Picone had shown up for all of his court hearings.“Yes, but now he’s been sentenced,” Baldwin replied as he denied Miller’s request to continue bail.Before imposing the sentence, 12 people testified on his behalf, citing his donations of food, his willingness to host fundraisers, and his warm, caring and generous character.“Obviously, there are two Alfonso Picones,” Baldwin said.One Picone was a successful businessman who contributed to his community. The other Picone gained the trust of an elderly couple to steal their life savings.Baldwin sentenced Picone to 18 to 60 months in prison on each charge of theft and receiving stolen property. The sentences are to be served concurrently, meaning at the same time.Outside the courtroom, Miller said he would appeal the conviction, partly on grounds that there was not sufficient evidence to prove Picone committed the crimes.Picone will be eligible to apply for parole after 13½ months, Baldwin said, because he is considered a low risk for committing crimes again.Baldwin dismissed charges of dealing in proceeds of unlawful activities and knowledge that the property is the proceeds of unlawful activity as requested by Miller.Following an investigation opened by the Schuylkill County Office of Senior Services, Picone was charged by then-Rush Township police officer Thomas R. Fort in May 2015 with swindling John and the late Ella Burnard of Lake Hauto over the course of 2014.Forensic accountant Dennis Houser testified at Picone’s trial in September that between Aug. 26, 2013, and Dec. 9, 2014, there were 23 transactions from the Burnards’ bank and retirement accounts to Picone or his business or his vendors (contractors who did work on his house) totaling $319,501. He owed millions of dollars in sales tax to the state, and so could not get a bank loan.Some of the checks were written on temporary checks even though regular checks were available. The strategy, Baldwin noted, concealed the checks from John Burnard.Ella Burnard, who died in June at age 93, handled the couple’s finances. The couple frequented Picone’s family’s restaurant, La Dolce Casa. Picone, authorities said, got close to the Burnards, and when Ella Burnard began to decline mentally, took over their finances under the guise of helping them.Prosecutors contend Picone helped himself to their money to keep the restaurant afloat and pay for improvements to his 181 Owl Creek Road home while he gambled thousands of dollars a month.Baldwin pointed out that in July 2014, the restaurant’s accounts showed zero cash receipts, despite it being a thriving business.The Burnards’ money replaced that restaurant money, he said.Baldwin said the couple worked hard all their lives to be able to have an easy retirement and to afford quality care.Instead, “Mr. Picone took that money,” Baldwin said.Baldwin said some of the letters he received from supporters mentioned Picone’s gambling, and it was apparently common knowledge.He told Picone that “you did a lot of good for your community. But you have a problem that costs a lot of money.”