Appeals Court Denies PTI for Would-be Drug Dealer

PRESS RELEASE
June 15, 2011
For Immediate Release
Contact: Bernie Weisenfeld- PIO

Andrew J. Mendolia, of Glassboro, today lost an appeal of his 2009 rejection from Gloucester County’s pre-trial intervention program, which was based on his admitted possession of heroin and cocaine with intent to sell them when a police officer stopped him driving through West Deptford.

Mendolia (DOB 9/11/84), subsequently pleaded guilty Jan. 29, 2010 to third degree conspiracy to manufacture, distribute or dispense heroin or cocaine and was sentenced to two years on probation.

The Gloucester County Prosecutor’s Office objected to Mendolia’s admission to PTI, which results in dismissal of a criminal charge after the defendant completes requirements such as community service or therapy. In a brief arguing against his participation in the program, Assistant Prosecutor Joseph Enos and GCPO intern Benjamin Teris cited a police report that said Mendolia “provided a written statement as to his intentions to sell the drugs to friends in Glassboro.”

“The facts of this case specifically mention the word “sell,’ not merely ‘share’ or distribute,’ the brief said. The defendant’s history also showed no personal drug use problems, the GCPO attorneys said. Therefore, the prosecutor’s opposition to PTI for Mendolia was “a rational decision,” they said.

The appeals court concurred, saying Mendolia “was involved in the distribution of cocaine for personal gain,” rather than to support an addiction.