A former Barnesville resident, who now resides in State Prison, Butler County, lost an appeal he filed in Pennsylvania Superior Court. Frederick Postie, 46, had been arrested on charges of burglary, criminal conspiracy, criminal trespass and related charges in both Schuylkill and Carbon counties.

He was sentenced for the offenses in both Carbon and Schuylkill county court; he had filed a petition objected to three issues which he said occurred during his Schuylkill County trial. In a ruling filed Dec. 12, 2018, Superior Court dismissed all three.

Postie’s cases

In Carbon County Court April 7, 2016, Postie entered guilty pleas to five counts each of burglary, criminal conspiracy, criminal trespass and four counts of criminal mischief. He had been charged with entering four homes in the White Bear section of Summit Hill and a home in Nesquehoning in 2011 and 2012.

Postie entered the guilty plea after his two co-conspirators, Stephanie Keck, 39, and Kerry Lee Frank, 36, both of Nesquehoning, testified against him. Judge Joseph J. Matika sentenced Postie to serve 12 to 30 months in each of the two cases with terms running consecutively, for a total sentence of 24-60 months.

At that time, Postie was serving a 40- to 132-month sentence imposed in 2013 in Schuylkill County. The Schuylkill sentence is for break-ins he committed with Keck and Frank in Rush Township. Postie was convicted on Oct. 13, 2013, on multiple counts of conspiracy, burglary and related offenses.

Keck and Frank, after their arrests by Carbon authorities, cooperated with police and entered plea agreements. Both were sentenced in Carbon County court to state prison terms of nine to 24 months. At the time Keck was already serving state terms for sentences imposed in Northampton and Schuylkill counties and Frank was serving a state term for Schuylkill charges.

In both Carbon and Schuylkill counties, the trio chose properties which appeared to be uninhabited, in the process of renovations or otherwise under construction, stealing tools, copper pipes, wiring and other items. In Rush Township at that time, Keck delivered newspapers and Frank worked for a trash collection company, jobs which helped them determine when properties were uninhabited.

Postie’s appeal

In his appeal of the Schuylkill County conviction, Postie noted three issues:

1. Prior to trial, Postie filed a petition to represent himself, citing a “distrust and fractured” relationship with counsel. In his appeal, he contended that trial counsel didn’t advocate for his right to represent himself and secure a hearing on that request.

2. Regarding the testimony of Keck and Frank, Postie acknowledged that the court did issue the proper “corrupt source” jury instruction. In his appeal, Postie said that the court failed to give a second limiting jury instruction, that accomplice testimony cannot be used to corroborate accomplice testimony.

3. Postie said that his counsel should have objected, and not allowed his “written confession” to go out with the jury. At trial, portions of Postie’s handwritten statement were redacted before being sent with the jury as “a strategic trial move” as the confession corroborated defense theories of self-defense.

In the Commonwealth of Pennsylvania ruling, the court answered each issue.

1. To invoke the right of self-representation, the request to proceed pro se (represent oneself) must be made timely and not for purposes of delay and must be clear and unequivocal.

2. Viewing the jury instruction as a whole, the court’s recitation of the law was accurate.

3. Part of Postie’s defense at trial was that his written statement exonerated him and was not a confession; and the statement sent out with the jury was redacted so the jury only saw a limited portion.