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HOLLIDAYSBURG -- A Blair County judge said Friday that he is reinstating appeal rights for a Johnstown man who wants to challenge his convictions associated with running a drug-trafficking organization.
Judge Daniel J. Milliron said Friday that an order rendered in April was intended only to deny Damon "Fat Cat" Devine's request for reconsideration of his 21.5- to 43-year sentence. It was not his intention, Milliron said, for that order to be viewed as a denial of Devine's post conviction appellate rights.
"He's entitled to that first appeal," Milliron said Friday when addressing the matter.
Devine, currently incarcerated in the State Correctional Institution at Forest, participated in Friday's court proceeding through a video transmission. He blamed the state prison system's lockdown in March, due to COVID-19, for the lack of mail and for failing to receive the judge's April order which said he had 30 days to file an appeal.
"I didn't get your order until June," Devine said. "So I couldn't have filed within 30 days."
Devine was convicted a year ago of running an organization that was selling a deadly form of heroin and cocaine in Blair and Cambria counties in 2016 and early 2017. Trial testimony indicated that he and others traveled to the Philadelphia/Trenton, N.J., area to secure illegal drugs for sale in Blair and Cambria counties.
The organization's heroin, sold in small bags bearing a "Dragon" stamp, was described during the trial as highly desired and blamed for many overdoses.
Devine, who represented himself during the trial, submitted a Post Conviction Relief Act petition in March to challenge his convictions and trial proceedings.
In court Friday, Milliron advised Devine to file an amendment to that PCRA, which includes a request for reinstatement of appellate rights.
"The court is almost certain that it would grant that," Milliron said. "(Devine) is entitled to appellate review."
Deputy Attorney General Christopher Schmidt asked during Friday's hearing how Devine, through a PCRA, can challenge his trial proceedings since he represented himself during the trial.
"The PCRA? I thought that was denied in the spring," Schmidt asked.
Milliron said it wasn't his intention to deny the PCRA when he denied Devine's request for reconsideration of his sentence.
"(The reconsideration request) was dismissed and stays dismissed," the judge said.
Devine also told Milliron on Friday that he wants to keep representing himself, something Milliron cautioned against. During trial, attorney Cara Harr acted as Devine's standby counsel and as of Friday's court hearing, those responsibilities ended.
Milliron encouraged Devine to accept the appointment of an attorney for the appeal, but Devine said he would represent himself.
"If I let you act as your own counsel, you may not get it right ... which will diminish your rights," Milliron told Devine.
After Devine repeated his desire, Milliron named Hollidaysburg attorney Paul Puskar as standby counsel for the appeal.
Mirror Staff Writer Kay Stephens is at 814-946-7456.