Judge Michael F. Pietruszka isn't convinced that 74-year-old Charles G. Scinta is addicted to painkillers and wants to see some evidence that he is before considering a possible probationary sentence that would include drug rehab on Scinta's drug-dealing charges.
"The report says he's been using opiates since he was 69, but it doesn't say they're illicit," Pietruszka said. "They could have been prescribed," adding later, "my point is, I don't know that this is a substance-abuse issue. This could easily be interrupted as being medical sanctioned."
Scinta's attorney, Lisa Kroemer, said she understood the judge's concern and asked for a two-week adjournment to get clarification from the drug-treatment program that produced the report on exactly what their findings were.
"I think that's in everyone's best interest," Pietruszka said.
Scinta, who was allowed to sit throughout the court proceedings because of a medical condition, was arrested in December with 43-year-old James J. Wetall, also of Le Roy. The two men were arrested as the result of an investigation into the sale of oxycodone and diazepam.
Scinta is accused of selling oxycodone to undercover agents on two separate occasions. He is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th.
A potential plea deal could keep Scinta out of prison, but first, Pietruszka wants to understand Scinta's history with painkillers.
Earlier, Wetall was given a shot at rehabilitation in exchange for pleading guilty to his drug sale charges. If Wetall successfully completes a rehab program, he will be allowed to withdraw his guilty plea to the felony charges and plead guilty to misdemeanors, which will carry a maximum penalty of one year in jail or three years probation.
If Wetall doesn't make it through rehab successfully, he's facing a sentence of up to 18 years in prison.
