By Sheena Delazio
The Times-Leader
WILKES-BARRE – A Luzerne County prison guard was acquitted Wednesday of drug-related charges in a case in which prosecutors say he provided drugs to an inmate and purchased cocaine from another man.
Jason Fierman, 38, of Dallas Township, was found not guilty of charges of criminal conspiracy, delivery of a controlled substance and two counts of possession of a controlled substance after a jury deliberated for about 80 minutes.
Fierman’s attorney, Basil Russin, said he was pleased with the verdict. Russin, who represents Fierman with attorney William Ruzzo, said in his closing argument prosecutors did not present enough evidence to convict his client.
Fierman has been on unpaid suspension pending the outcome of the criminal charges.
County Human Resources Director Andy Check said Wednesday he needs to receive official word on Fierman’s status before a decision can be made on Fierman’s employment status.
Russin said there was no drugs, video surveillance footage or other evidence that linked his client to providing drugs to an inmate. He said the two state prison inmates who testified Tuesday were anything but credible.
“Why did (prosecutors) even bring this case and waste our time?” Russin asked jurors.
Russin said John Ricci, who is serving a 7- to-14-year prison sentence for his participation in a $3.6 million cocaine distribution ring, tried to tell nearly everyone involved in Fierman’s case that he made a mistake in identifying Fierman as a man he sold cocaine to at a Wilkes-Barre bar.
James Dormio, a state prison inmate who has 51 convictions and who also testified Tuesday, allegedly reported Fierman provided him with Suboxone.
Dormio, Russin said, is a master of deception and is incapable of telling the truth.
“Who would believe anything (Dormio) says about anything? You can’t believe anything he says, ever,” Russin said.
Russin said prosecutors coerced Dormio and Ricci into testimony implicating Fierman, calling the actions “horse shedding” — referring to a tactic attorneys use in preparing witnesses for trial by getting them to say what prosecutors want.
Fierman hugged family members after hearing the verdict.
He was one of four prison workers charged in March 2011 after a 13-month investigation.
Fellow prison guard Christoper Walsh, 30, of Pittston, was acquitted of drug-related charges in March 2012 after a jury trial. Prosecutors alleged Walsh sold drugs to another guard, but not inmates.
John Carey, 39, of Kingston, also a guard, pleaded guilty and was sentenced in January 2012 to 18 months probation on charges he purchased drugs from a fellow guard.
A fourth man, Kevin Warman, 52, of Edwardsville, a prison nursing supervisor, pleaded guilty and was sentenced in May 2012 to 18 months in the county’s Intermediate Punishment Program on charges he provided prescription drugs to guards and other workers.