EBENSBURG —
A Cambria County prosecutor said he’ll have to drop robbery charges against a Twin Rocks woman after much of his evidence was suppressed by a judge.
Dana Lynn Conzo, 26, is accused of robbing the Ebensburg CoGo’s in Cambria Township around
1:30 a.m. on April 7, 2010. Police said she had once worked at the convenience store.
Police alleged that a woman and two men – all wearing bandannas over their faces – tied a woman clerk with plastic cable. Conzo allegedly opened the cash registers and took money, then found a key and opened a safe.
The robbers allegedly made off with $499 in cash, cigarettes and energy drinks valued at $613, and the clerk’s purse, which contained a ring valued at $1,000, police said.
Conzo used the clerk’s PayPal card at a Sheetz store to buy movies, police said.
Assistant District Attorney Gary Jubas said, “With a lot of the (suppression) issues resolved by the court in the defense’s favor, it does prevent us from putting on our case. Unless we come up with other information to help the prosecution, we have no choice but to (drop) the charges.”
Judge Norman Krumenacker ruled that a video taken at the CoGo’s was suppressed because the prosecution had failed to preserve the evidence properly.
Kenneth Sottile, an assistant public defender, said the video in evidence did not show the robbery. That video was erased or lost, Sottile said.
In addition to suppressing the store video, the judge also granted Sottile’s motion that the prosecution be barred from using a small portion of the video that WWCP Channel 8 news had been allowed to record from a monitor in the store.
Krumenacker also suppressed a voice identification that the store clerk made approximately two weeks after the robbery when Conzo went to the CoGo’s.
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