A defense lawyer called drug distribution charges against his 40-year-old client “pure speculation” during a preliminary hearing Wednesday in Saxonburg, suggesting the drugs police found were for personal use.

The Butler County Drug Task Force, armed with a search warrant, found David R. Tuszynski around 4 p.m. on March 19 at a home in the northern part of Middlesex Township. Investigators said Tuszynski lives in the home, which is owned by his parents.

Inside, officers said they found hundreds of stamp bags of suspected heroin, dozens of pills, more than $1,200 and other contraband.

The bust led to two felony charges of possession with intent to deliver a controlled substance and two misdemeanor charges of possession of a controlled substance.

Tuszynski is out of jail on $50,000 bail.

But during the hearing in District Judge Sue Haggerty's courtroom, Tuszynski's lawyer, Mike Jewart, questioned the inclusion of the two intent to deliver charges and asked Detective Dennis Crawford, the arresting officer with the Butler County District Attorney's Task Force, what evidence justifies the charges.

Assistant District Attorney Amanda Scarpo, who is prosecuting the case, objected to the question as speculation.

“The officer has been speculating this whole time,” Jewart said. “The idea of (Tuszynski) selling heroin is pure speculation. That's what this case is about.”

Scarpo withdrew her objection, and Crawford answered that money found near the drugs led them to add the charges.

“Some of that money was close to the drugs. That's what these charges are based on,” Crawford said.

Jewart also asked Crawford to discuss how police became aware of Tuszynski and why police targeted his client. But Crawford was spared the question when Haggerty sustained objections from Scarpo.

Crawford said his task force set up surveillance leading up to the arrest. Jewart pointed out that police never observed Tuszynski engaging in behavior — such as hand-to-hand drug transactions — that would indicate he is a drug dealer.

Jewart said Tuszynski is self-employed and owns a moving company.

Haggerty found enough evidence in the case to move it to county court.