City man contends guilty pleas a mistake

Delacruz sentenced to 20-50 years in prison for drug trafficking

HOLLIDAYSBURG - An Altoona man now contends his guilty pleas to trafficking large amounts of heroin and fentanyl in exchange for a sentence of 20 to 50 years in prison were a mistake

Jonathan H. Delacruz, 40, filed a post-conviction petition with the prothonotary's office, outlining allegations that he contends are grounds for negating his guilty pleas to multiple counts of criminal conspiracy, possession with intent to deliver, dealing in proceeds of unlawful activities and additional crimes.

Under the state's Post Conviction Collateral Relief Act, he has the option for limited reasons, to seek relief that would generally be in the form of a new trial, a corrected sentence or release from custody.

When Delacruz was arrested in July 2020, Altoona police and state narcotics agents executed two search warrants, one at his residence on the 2800 block of Sixth Avenue and another at a stash house on the 2500 block of Beale Ave.

Police seized a large amount of heroin and fentanyl, $186,310 in cash and four vehicles.

In support of his petition, Delacruz outlined allegations that accuse defense attorneys Thomas M. Dickey and Kristen Anastasi of "surreptitiously" influencing him into pleading guilty on March 17.

"Mr. Dickey and Ms. Anastasi was never inclined to work against an established authority (Blair County), but for it." Delacruz stated. "It's fraternal."

Delacruz also contends that he submitted the guilty pleas based on a false premise.

"All too often, defendants such as myself plead guilty because of the fear of mandatory sentences and without really understanding their legal rights or what is occurring," Delacruz said.

In Blair County Court on

March 17, Delacruz stood before Judge Jackie Bernard and told her that he was rendering guilty pleas to the select charges filed against him in exchange for the recommended sentence.

Delacruz confirmed, during questioning by the judge, that he understood what he was doing and that he wanted to enter the pleas.

Dickey and Anastasi stood with Delazcruz in court where they spoke of the sentence negotiated with state Deputy Attorney General Michael Madeira and District Attorney Pete Weeks to address charges filed in three criminal cases.

Anastasi said Delacruz was fully aware of his options and made a decision to plead.

His options that day, Dickey said, were to proceed to jury selection, to plead to all charges or to plead to select charges for the recommended sentence.

Delacruz's post-conviction petition also brings up evidentiary issues that could have been reviewed in court prior to trial or during a trial. He said, in his petition, that he doesn't dispute the contents of a Blair County Drug Task Force investigation report linking him to illegal drug sales. But Delacruz said he protests the use of information provided to the officers by confidential informants who are addicts.

"The source of information indicates a lack of trustworthiness," he said.

His petition also questions the legality of evidence collected through audio and video surveillance.

While Delacruz may be entitled to the appointment of an attorney to assist him with his post-conviction petition, he indicated on the petition that he's in the process of hiring one.

Mirror Staff Writer Kay Stephens is at 814-946-7456.