SUNBURY - Despite her plea for leniency, Diane (Reichwein) Delvalle, of Coal Township, will serve a state prison sentence for her role in two drug transactions committed almost five years ago.
Approximately five months after her 45-year-old husband, Cornell Delvalle, was ordered to serve 15 1/4 to 35 years in state prison on multiple drug-related offenses, Mrs. Delvalle was sentenced Monday afternoon by Northumberland County President Judge Robert B. Sacavage to serve 27 months to 8 years in a state correctional institution on two counts each of possession with intent to manufacture or deliver crack cocaine and criminal conspiracy relating to incidents that occurred in the parking lot at McDonald's along Route 61 in Coal Township on Nov. 4, 2007, and Dec. 6, 2007.
She was sentenced to 1 to 4 years for the Nov. 4, 2007, incident, and received a consecutive, mandatory sentence of 2 to 4 years for the Dec. 6, 2007, offense because it was committed within 250 feet of a playground on Maple Avenue near Tioga Street in the Springfield area of Coal Township.
Some of the charges merged for sentencing purposes.
Nine months were knocked off Delvalle's sentence because she has no prior criminal record, which means her minimum sentence was reduced from 3 years to 2 1/4 years or 27 months.
In addition to jail time, the 35-year-old Devalle was ordered to pay fines, costs and fees and must undergo drug and alcohol evaluations.
Prior to being sentenced, Delvalle pleaded with the judge to have mercy on her since she has children, no prior criminal history and a husband who is already serving an extensive state prison sentence.
Sacavage pointed out the seriousness of the crimes committed by Delvalle that "hit the heart of community safety." The judge said drug transactions have a severe adverse effect on the qualify of life in a community and pose a danger to citizens on the streets.
'Playground' issue
Before the judge imposed sentence, Delvalle's attorney, Michael Morrone of Williamsport, challenged the definition of a playground contained in a statute involving the mandatory prison sentence for a drug offense that occurs within 250 feet of a school zone, playground or licensed day care.
Morrone, who presented five photographs to the court depicting the playground area, pointed out that the Dec. 6, 2007, offenses his client was charged with occurred in the winter when the playground was closed and locked up. He also pointed out that it was dark at the time. He said since the playground was closed, the offenses did not pose any risk to children.
Northumberland County Assistant District Attorney Michael Toomey opposed Morrone's argument by stating the playground reference properly applies to the statute.
Sacavage ruled in favor of the commonwealth when imposing the sentence. He also denied a request by Morrone for appeal bail in the case.
Committed to prison
Delvalle, who had been free on $80,000 bail, was committed to Northumberland County Prison in Sunbury to await transfer to a women's state correctional institution. Her husband also is incarcerated at the county jail awaiting his transfer to a state prison.
Mrs. Delvalle and Morrone declined comment after the sentencing.
Toomey said, "I'm pleased with the sentence and satisfied with the overall results of the case, which took almost five years to resolve."
Coal Township Detective Jeff Brennan, who filed the charges against the Delvalles, also was satisfied with the sentencing and commended Toomey for an "outstanding job" in prosecuting the cases.
Proceeding continued
Mrs. Delvalle was scheduled to be sentenced at 11 a.m. Monday, but the proceeding was continued until 1:15 p.m. because her attorney was representing another client in the morning at a trial in Lycoming County Court, Williamsport. Morrone's law partner, Attorney Peter Campana, who asked for the continuance in court Monday morning so Morrone could attend, is representing Robert Santore, of Ranshaw, an informant used by police in the case involving Delvalle and her husband.
Sacavage granted the continuance, but not before allowing professional surveyor Richard Parsons to submit his survey results to the court that show the Dec. 6, 2007, incident was 224 feet away from the playground. Neither Campana nor Morrone objected to the survey results since an independent surveyor hired by the defense also found that the drug offense was within 250 feet of the playground. Delvalle's sentencing was previously continued to allow Morrone time to have the independent survey conducted.
The sentencing also was continued a second time because Morrone was representing another client in a custody trial in Lycoming County.
Santore, 49, of Ranshaw, who was previously scheduled to be sentenced Monday morning, had his legal proceeding continued until 9:15 a.m. Nov. 19 before Sacavage.
Santore, who played a key role in the conviction of Cornell and Diane Delvalle, previously pleaded guilty to two counts of manufacturing with intent to deliver a controlled substance filed by Shamokin Cpl. Bryan Primerano, and two counts of criminal conspiracy filed by Brennan.
Toomey arranged a plea agreement for Santore in exchange for his testimony in the trial of the Delvalles, who were convicted Jan. 20 by an all-female jury of multiple drug-related offenses.