Trial involving owner of former Packard Electric buildings to resume next Wednesday

Staff report

WARREN

Chris Taneyhill, Warren building official, testified Wednesday in Warren Municipal Court that the owner of the former Packard Electric buildings on Dana and Griswold streets didn’t meet the requirements of his demolition permit.

Specifically, Sergio DiPaolo, 50, of Girard did not complete demolition of three of the buildings by the Sept. 14, 2012, deadline established by his demolition permit, Taneyhill testified.

DiPaolo is on trial on two misdemeanor charges. They allege he failed to complete the demolition on time and occupied one or more of the buildings despite not having an occupancy permit.

A second witness who was called to testify never made it to the witness stand, and the trial had to be postponed a week. It will resume at 1:30 p.m. Wednesday.

Atty. Michael Fortney, representing DiPaolo, objected to Ernest Gallagher III, 54, being allowed to testify because prosecutors had in their possession an audio recording of an interview with Gallagher that they did not provide to the defense.

Gil Blair, an assistant Warren law director, agreed that prosecutors had not made a copy for the defense, and the parties met in judge’s chambers to discuss it.

When they returned, Judge Thomas Gysegem said he felt it would be too harsh to exclude Gallagher from testifying because of the tape. Prosecutors will provide a copy of the tape to the defense, and the attorneys will have an opportunity to write briefs on the matter before the trial resumes. There is no jury.

Gallagher, 54, of New Wilmington, Pa., and another man were both charged with a building-code violation in February after a city building official reported seeing the men cutting steel inside one of the former Packard buildings on two dates after the demolition permit had expired.

Gallagher pleaded not guilty March 4, and that case is pending.

Meanwhile, court records show that the Warren income-tax department filed five counts of failing to withhold income taxes from employees from 2012 to 2015 and four counts of failing to file a tax returns from 2012 to 2015 against DiPaolo Monday.

DiPaolo entered not-guilty pleas on the cases Wednesday before Magistrate Dan Gerin.