After four years, 47 delays, state time for arson
After a delay of over four years a Carbon County man, convicted of two counts of arson by a county jury, was finally sentenced on Tuesday in the county court.
Joe Lincen Mesa, 67, of Lansford, was sentenced to serve 18 to 36 months in a state correctional institution on the first count of arson and 12 to 24 months on the second count, with the terms running concurrently, followed by two years of state probation.President Judge Roger N. Nanovic II said he diverted from the recommendation of the probation office for a longer term of three to six years in prison, citing Mesa's health problems as the reason.The sentencing almost didn't happen Tuesday.Mesa failed to appear at courtroom one on the second floor of the courthouse.When contacted at his home, he claimed he was not notified of the sentencing proceeding and had taken medication which he said could impair his driving. Nanovic then ordered the sheriff's department to send deputies to his home and bring him to the courtroom.At his prior sentencing proceeding on Feb. 23, Mesa fainted as Nanovic was to pronounce his sentence.Ambulance personnel were called to the courthouse, and Mesa was taken to the Lehighton hospital where he was treated and released.He told Nanovic he fainted because his blood pressure was high at the time.Mesa was charged by state police at Lehighton with setting fire to his Penn Forest Township home on Feb. 27, 2009. On Aug. 8, 2011, a jury convicted him of the two counts of arson, both felonies.The motive, prosecutors said, was for insurance money. The home was in mortgage foreclosure at the time.The investigation by state police revealed that two separate locations in the house were set on fire - the kitchen area and a rear bedroom. Also, Mesa's car was set on fire.'The ghost started the fire'Mesa denied he set the fires, claiming he awoke and his home was on fire.However, during testimony at the trial, the investigating state fire marshal, trooper David Klitsch, said Mesa admitted to him that he started the fire that caused extensive damages to the home during an interview.Also, during another interview Mesa claimed a ghost was living in the basement of his home and said the ghost might have started the fire.Mesa then said he had worked for the FBI during an investigation of the mob in New York City and that the mob was out to get him. Mesa then told Klitsch the ghost told him to "watch his back" because someone was out to get him.Klitsch said Mesa then admitted setting the fire. He added that Mesa said he could not admit to setting the fire because it would embarrass his granddaughter, who is a firefighter. Later in the same interview Mesa denied he set the fire, Klitsch said.Mesa never testified at the trial.The three-day trial was interrupted on the second day when Mesa became ill in the courtroom.An ambulance was called and Mesa was taken out of the courtroom on a stretcher. However, when ambulance personnel were ready to place him in the ambulance, Mesa declined to go and instead went home under his own power. The trial resumed the next day.Proclaims innocenceAt the prior sentencing proceeding and again Tuesday, Mesa proclaimed his innocence. At the prior hearing defense attorney Matthew J. Mottola of the public defender's office presented medical records of his client's various health problems.The sentencing was a long time coming with at least 47 continuances granted. Most of them were filed by the defense, citing Mesa's mental health and other health issues. Mesa underwent examination by mental health experts on several occasions during the process.Nanovic said he reviewed all the reports of the experts, including those secured by the defendant and those from the commonwealth side, and ruled earlier that Mesa was competent to be sentenced.Nanovic said Mesa has a right to challenge the verdict and profess his innocence but he said the evidence at the trial, which he presided over, was more than sufficient to convict him of the charges. Nanovic added, "I will sentence you on the basis of the jury's verdict of guilt."After the sentencing, Mesa asked for bail be set so he could remain free pending appeals of his verdict being filed and decided.Assistant District Attorney Brian Gazo strongly objected to bail being set. He said the case took a very long time coming through the system and much of the delays were caused by actions of Mesa. He also said that the defendant, requesting bail, was "flouting" the court system.Nanovic said a petition for bail had to be filed by Mottola and he would consider it at that time. Nanovic agreed to have an ankle bracelet placed on Mesa until he reports to prison, however, the probation office indicated it could not because a home phone line was necessary and Mesa did not have one.A new GPS type bracelet was then approved and placed on Mesa.Motolla's request to delay the start of the jail term was granted. He said his client had to get his medications in order before going to prison. The jail term will begin at 1 p.m. March 26.In addition to the prison term Mesa was ordered to make restitution to Nationwide Insurance, which held the homeowners policy and the property insurance, in the amount of $83,600.50, supply a DNA sample, pay court costs of about $1,000, and get a comprehensive mental health evaluation.