The next day police interviewed Johnson, who told them that an ex-inmate was routinely using Kirkpatrick to smuggle items into the prison.
The defense accomplished this goal. If the defense waives the right to a preliminary hearing, it cannot challenge the commonwealth#8217;s assertion that it has a prima facie case. By moving the case to county court but reserving the right to a preliminary hearing within about 30 days of the defendant#8217;s arraignment, the defense can file pretrial motions to get the evidence needed, Dickey said.
Here are three things to know about Kirkpatrick#8217;s appearance Thursday before District Judge Sandra Stevanus.
Dickey said Kirkpatrick is not a flight risk. He said he is positive the defense will prevail in county court.
NEW CENTERVILLE — A prison guard at the State Correctional Institution at Somerset accused of helping to smuggle drugs into the prison Aug. 1 was escorted by state police to a hearing before a magistrate Thursday.
Police said they searched Kirkpatrick’s residence in Carrolltown and found a “facsimile” pipe bomb, a booby trap containing a firing pin for a round that is activated by a trip wire, bags of marijuana and drug paraphernalia.
Stevanus refused to change the bond. Kirkpatrick was returned to jail to await the result of an appeal in the Somerset County Court of Common Pleas.