The lawyer for an 85-year-old contractor awaiting trial on charges that he accepted money to rehabilitate a Greensburg building three years ago but did not finish the job said in court on Thursday that the criminal charges should be dismissed.
“This is basically a civil dispute. He lost his zoning permit, and he doesn’t need to repay the money,” said defense attorney William Helzlsouer.
Westmoreland County prosecutors contend Mario Noce, of Penn Hills, was paid $28,000 in 2016 to rehabilitate a seven-unit apartment building on Harrison Avenue. According to court record,s before any work could be completed, Greensburg city officials revoked permits for the job based on safety concerns at the building.
Noce is awaiting trial on charges of deceptive business practices and theft. Prosecutors said he never returned the money paid to him for the work by building owners Square One Property Solutions.
Assistant District Attorney Pete Flanigan said repayment of the money could result in the charges being dropped, but the defense contends the amount demanded by prosecutors is too high. Helzlsouer argued that Noce was willing to finish the job but was prevented from doing so when the city withdrew the permit.
“He’s entitled to the money,” Helzlsouer said.
According to court records, Noce told police he no longer had the money and used it to pay another party.
“You can’t take somebody else’s money and pay it to another,” said Assistant District Attorney Pete Flanigan during a hearing on Thursday.
Judge Christopher Feliciani said he will consider the defense’s request to dismiss the criminal charges. The prosecution contended the motion was filed too late and should have been submitted more than a year ago.
Helzlsouer said the delay was because of his client’s medical issues. Noce suffered a stroke last year, he said.
