Drug Charges Dropped Against Prostitution Sting Arrestee

A Lansdale man convicted of first-degree murder in 1985, and who was arrested in a June 12 prostitution sting on West Main Street, had drug charges dismissed at a preliminary hearing Thursday morning before District Judge Harold Borek.

Robert DeFrancesco, 53, of the 700 block of York Avenue, Lansdale, was taken into custody June 12, along with Kristen Stephen and Janet DeFrancesco, no relation.

DeFrancesco remains at Graterford Prison on a state parole violation.

During the hearing Thursday, Sgt. Mike Trail of Lansdale Police testified that he assisted other officers, including Pennsylvania State Police, on a drug investigation and prostitution investigation at 327 W. Main St., Lansdale.

Trail said several dresser drawers inside the apartment where the sting went down contained about 75 discarded heroin bags, a dozen syringes and metal spoons used to cook heroin.

One of the drawers contained men's underwear, socks, deodorant and other toiletries. There were no drugs found in that drawer, Trail said.

Trail said paraphernalia was "all over the apartment, from the front door to the bedroom" including marijuana, needles, spoons and discarded baggies.

Found during the search were several documents with DeFrancesco's name on them, "identifying the residence we were searching as a residence of Mr. DeFrancesco," Trail said.

"During the course of the search, Mr. DeFrancesco came to the location. In his possession was a key to the apartment," Trail said.

Trail said DeFrancesco was paying utilities there, including electric and cable, and was residing there. He was then taken into custody for drug possession, Trail said.

During a cross examination, defense attorney Martin Mullaney said the target of the investigation - Kristen Stephen - is a co-habitant of the apartment, along wiht her mother.

Mullaney asked Trail if Stephen's name is on the lease, and Mullaney said he was told Stephen and her mother's names are on the lease. Trail said he "had not seen the lease."

Mullaney asked Trail if he was aware that DeFrancesco owned a home at 721 York Avenue in Lansdale, which is located across from York Avenue Elementary. Trail stipulated that DeFrancesco did own the home.

"Kristen Stephen was the ex-on again off-again girlfriend of my client," Mullaney said. "Did you ask Kristen Stephen how the men's clothing got in the drawer?"

Trail said Stephen told her it was from her boyfriend when he would stay over.

"She never said they were remnants from laundry that were mixed in?" Mullaney said. 

"No," said Trail, adding that there were no other men's clothes in the apartment.

Mullaney said DeFrancesco is on state parole, and Trail agreed that DeFrancesco has some sort of monthly supervision during his parole.

"The investigation was not about him?" Mullaney asked. "No," said Trail. 

Mullaney asked if there was evidence of DeFrancesco knowing that there was drug use or drugs in the apartment.

Trail said there were numerous documents and bills with his name on them, and DeFrancesco had a key to an apartment where drugs were littered everywhere.

"My client was forthright with you (during the search)," Mullaney said.

"Sometimes, also, peopel don't tell the truth," Trail said.

Stephen, who minutes prior had waived prostitution and drug charges to county court, testified on behalf of DeFrancesco. She was advised of self-incrimination by Borek.

Stephen testified that she lived at the apartment and her name was on the lease, along with her mother, the co-signer. She said DeFrancesco was not on the lease.

She said DeFrancesco had no knowledge of drug use in the apartment.

"I kept that pretty secret. I didn't want him to know," she said.

Stephen testified that the clothing was in the drawer because she put it there.

"It made me feel like he was still there. He had no knowledge of it," she said.

She said she and DeFrancesco had broken up two weeks prior to the bust.

"I didn't have good credit," she said. "He put (the bills) under his name."

During a cross examination by Trail, Stephen said DeFrancesco never resided at the apartment.

Mullaney argued that the situation was not "a normal constructive possession" 

"A majority of the paraphernalia was in the other drawers," Mullaney said. "If he never went in the apartment and opened the drawer, he would never know."

He said his client is on state parole at Graterford "waiting his fate."

"If he didn't have a home in the borough, then people could say they shacked up together," Mullaney said. "He tested clean. They got the people they wanted, hook, line and sinker. He's a victim of circumstance at this point."

Trail said there was enough evidence to charge DeFrancesco with the misdemeanor offense.

"Two weeks prior to the search, he had been there or had a relation with her. It raises the question: Why come there on the exact date and time of the warrant?" Trail said.

Borek felt there wasn't enough evidence to warrant that DeFrancesco knew what was in the apartment.

"I do not see the level of prima facia necessary at this level," Borek said. "There's not enough to hold the charge at this time."

Here's what went down on June 12:

Property belonging to Robert DeFrancesco was found in the apartment where the sting bust occurred, including clothes and a cable bill in his name for the target address on West Main Street, police said in an affidavit.

DeFrancesco admitted to police that he sometimes stayed at the apartment and had an apartment key in his possession, police said.

DeFrancesco was charged June 13, 2012 with possession of drug paraphernalia, police said.

A detainer was filed by Pennsylvania State Parole Board, police said. Borek ordered that Robert DeFrancesco be released without arraignment or set bail and be summoned by mail, police said. 

DeFrancesco remained in custody and was transported to the Montgomery County prison for violation of state parole, police said.

Robert DeFrancesco pleaded guilty to first-degree murder in 1985 and was sentenced to 7 to 20 years in prison, according to court records.

Robert DeFrancesco was convicted for his role in the murder of Mark R. Sellers, 27, of 256 Oak Park Road in Hatfield Township on April 17, 1984.

In February 1985, Robert DeFrancesco had drug charges, including criminal attempt to manufacture, deliver or possess a controlled substance, quashed in Montgomery County Court of Common Pleas.

In October 1999, Robert DeFrancesco pleaded guilty to disorderly conduct in county common pleas court, according to court records.