The state Superior Court has denied the appeal of former Coaldale mayor of his conviction and sentence in a child pornography case.

The court ruled the sentence imposed on Richard Corkery, 76, of 249 W. Earley Ave., by Judge Steven R. Serfass was affirmed and that his other claims concerning his trial and conviction were also denied.On June 12, 2014, a jury convicted Corkery of 27 counts of child pornography. On Sept. 16, 2014, Serfass sentenced him to serve 9 to 36 months in a state correctional institution followed by three years of state probation.The start of the sentence was deferred by Serfass because Corkery planned to appeal the verdict and sentence. However, in granting Corkery's petition to remain free on bail during the appeal process, Serfass said Corkery had to remain on house-arrest, wearing an ankle bracelet, and pay his monitoring costs for that up to date by Oct. 16, 2014.Corkery failed to pay anything on the costs, which led to the commonwealth, through Assistant District Attorney William E. McDonald, who prosecuted the case, to file a petition asking his bail be revoked.$16,000 in feesMcDonald filed the petition, which noted as of the hearing date, Dec. 12, 2014, Corkery owed over $16,000 in monitoring fees.Assistant District Attorney Michael Greek has taken over the case due to the retirement of McDonald from the DA's office.At the Dec. 12 hearing, Serfass ruled Corkery did not make an effort to pay the costs and had the resources to do so. He revoked bail and ordered Corkery to report to the county prison at 9 a.m. on Dec. 15 to begin serving his state sentence. Corkery reported on that date and has been in the state prison system since then, currently housed at the SCI at Dallas. He has served over eight months of his nine-month minimum.In his appeal to the state court, Corkery contended:• The trial court erred in denying the motion to suppress his statement given while police visited his house in the early stages of the investigation.• Trial counsel, then attorney Nicholas Quinn of Pottsville, was ineffective in failing to object to the admission of Nesquehoning Police Chief Sean Smith's notes concerning the visit to his home.• Quinn was ineffective in failing to properly cross-examine the commonwealth's expert witness in his qualifications and in failing to object to his qualifications as an expert witness• The trial court erred in allowing the jury to view Smith's handwritten notes.The state court used much of Serfass' opinion filed on the appeal of Corkery in its 12-page opinion as well as its own review of the facts of the case.Questioned at homeThe court ruled that the statement in question which was given during an interview at the defendant's home and used at trial was given freely by the defendant. The court denied Corkery's contention he should have been given his Miranda warnings.The state court said Corkery invited police to his home, was told he did not have to say anything or answer any questions, but did volunteer to talk to the police.Concerning the ineffectiveness of his counsel, the state court ruled, "These allegations are denied without prejudice to appellant to raise them in a petition filed under the Post-Conviction Relief Act."The court rejected the contention that the trial court erred in allowing the jury to review Smith's handwritten notes during deliberations.The state court ruled because Corkery's counsel did not raise an objection under rule 646(C)(2), which prohibits transcript testimony to be viewed by a jury, but objected on the basis the material also contained statements of witnesses which had not been called by the commonwealth.The state court said Corkery "failed to raise any issue in the trial court that allowing the jury to view Chief Smith's notes during deliberations violated Rule 646, specially because the notes contained his statement and were a transcript of Chief Smith's trial testimony."Corkery is being represented in his appeals by attorney Michael W. Cassidy, of the Philadelphia area. Cassidy also represented Corkery at the Dec. 12, 2014, hearing in which his bail was revoked.Corkery can ask the Superior Court's to review its decision and request that court to reverse it or ask the state's Supreme Court to review the decision and reverse it. The state Supreme Court can also reject reviewing the matter.