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Judge grants request for leniency

Published July 08. 2019 01:41PM

Russell Gernert could have been looking at two to four years in state prison; instead he’ll get a chance to change, in a ruling by President Judge William E. Baldwin Wednesday.

Last month, a Schuylkill County jury found Gernert, 29, New Ringgold, guilty on four drug possession charges but stopped short on convicting him of possession with intent to deliver.

Gernert was found guilty of possession of heroin, methamphetamine, marijuana and drug paraphernalia; he’d been arrested Aug. 30, 2017, by Pennsylvania State Police.

During his sentencing hearing, Gernert took the stand and asked the judge for leniency. He said that he’d been incarcerated at State Correctional Institution – Frackville for five months before participating in a program called Back on Track.

After completing that program, he was at liberty from April through August of 2018.

During that time, he said, he’d gotten a job, was making payments on his fines, and paying rent.

“I was tired of ripping and running,” Gernert said. “I was doing the best I had been in a long, long time — actually doing stuff in my life.”

His mother, Rita Gernert, said that she noticed a big difference in her son during that time.

“He was sincere, loving, such a different person when he’s not doing drugs,” she said. “He’s come such a long way.”

Baldwin asked Russell Gernert if he had anything else he’d like to say.

“All these years I lost,” he said. “I lost most of my adult life.”

Baldwin, although noting that Gernert has 16 prior convictions, sentenced him to 15-30 months on the possession of heroin and methamphetamine charges, 15-30 days on the possession of marijuana charge and 6 to 12 months on the possession of drug paraphernalia charge, all to run concurrently. Those sentences are to be served at Schuylkill County Prison; Gernert is currently incarcerated at SCI-Mahanoy.

“When you finish your time at the state, you have to come back and do time here,” Baldwin explained. “When that occurs, if you have no misconduct, there is the possibility of work release.”

“A lot of your adult life has been squandered,” he added. “I’m hearing that you have a chance — take advantage of it.”

After the ruling, defense attorney Jeff Markosky said that the sentence imposed “was as good as anyone could have hoped.” He said that he wasn’t sure how much time remains on Gernert’s present state prison sentence.

“It worked out good for Russell,” Markosky said. “He might give himself a chance at life.”

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