NORRISTOWN, PA — A former Berks County police officer accused of shoplifting more than $300 in groceries from a West Pottsgrove store has withdrawn his request for a judicial review and dismissal of the charges.
“At this stage, it is being withdrawn without prejudice,” Montgomery County Judge Steven T. O’Neill said Tuesday, referring to the previous request for dismissal made by former Amity Township Police Officer Glenn James Oesterling, who faces charges of retail theft and receiving stolen property in connection with alleged shoplifting incidents at the Upland Square Giant store in June 2013.
In a habeas corpus petition filed late last year, defense lawyer Adam Sager, on behalf of Oesterling, asked a judge to dismiss the charges and to re-examine the previous decision by a district court judge, who found prosecutors presented sufficient evidence, or “a prima facie case,” at a preliminary hearing to move the case to trial. Judge O’Neill was slated to hold a hearing on that request on Tuesday but Oesterling, a 12-year veteran corporal of the police force who was fired by Amity Township supervisors last year, left the courthouse without a resolution to his case.
“After a discussion with my client, while we think that we have very good defenses, we do concede that the court would probably find that there was a prima facie case established by the commonwealth if we went through with the habeas corpus petition. Therefore, we voluntarily, and without prejudice, withdrew the habeas petition,” Sager explained.
Read more: http://www.pottsmerc.com/general-news/20140408/former-amity-cop-drops-attempt-to-have-shoplifting-charges-dismissed