By Marcia Moore
SUNBURY -- A former Point Township sewage enforcement officer was convicted Friday on three felony counts in Northumberland County Court for accepting payment on soil tests he never performed.
Kerry Yordy bowed his head briefly as the jury foreman read the guilty verdicts on two counts of deceptive or fraudulent business practices and one count of theft by deception.
"We are considering an appeal," defense attorney Joseph Michetti said as Yordy left the courthouse.
He's free on his own recognizance until sentencing takes place before President Judge Robert B. Sacavage within 90 days.
Each of the three charges carries a sentence in the standard range of probation to three months in jail.
"The cumulative evidence was obviously sufficient for the jury," Deputy Attorney General Brian Coffey said.
Testimony during the four-day trial was often tedious and technical as witnesses from both sides were called to explain how they could tell soil tests were or were not performed by Yordy, 51.
Coffey alleged Yordy didn't perform the tests because he knew the property owner, Northumberland pharmacist Steve Mertz, never intended to develop the 30 acres of farmland off Ridge Road.
Instead, Coffey said, Mertz was trying to inflate the cost of property so he could sell it for a higher price to the state Department of Transportation to make way for the proposed Central Susquehanna Valley Thruway.
Knowing the property was never going to be developed, the prosecutor said, Yordy falsified records by claiming he performed soil tests for an on-site sewage system between 2001 and 2004 and accepted $4,220 for the work from the township between 2001 and 2004.
When Coffey referred to Mertz as "the elephant in the room" and "shady" during closing arguments, Sacavage interjected at Michetti's behest and reminded the jury that Mertz was not a defendant and Yordy was not facing a conspiracy charge.
Mertz was initially charged with submitting forged documents to the state Department of Environmental Protection indicating the soil tests were done, but the charges were withdrawn.
Coffey said the statute of limitations in his case expire at the end of March, but he would not say whether charges would be refiled.
Michetti said the issue of whether Yordy would cooperate with the commonwealth in the case has not been raised.
Reached by phone after the verdict, Mertz said he was saddened by the jury's decision and disputed the prosecution's assertion that a crime was committed to help him inflate the price of his property.
"We're shocked that he was found guilty of all counts," Mertz said, adding that he stands behind Yordy and his claim that the tests were completed.
Mertz said he was advised by his attorney not to testify at the trial.
He added that he's still planning to develop the property.
"There will be houses there," he said.
