Two women headed to trial over drugs sold at Butler home
Two women charged in connection with drug sales at a Cleveland Street home will head to trial following their appearance Monday in district court.
Free on $10,000 bond, Constance L. Zaborowski, 60, waived her preliminary hearing before District Judge William Fullerton.
Her co-defendant Nancy Hinchberger, 55, was brought from Butler County Prison, where she remains in lieu of $50,000 bond. Represented by public defender Michael McFarland, Hinchberger’s hearing ended with all charges against her moving forward to the Butler County Common Pleas Court.
Both women saw a new charge added Monday, each receiving one felony count of criminally using a phone.
During his testimony, Butler officer Benjamin Rogers said he uncovered about five text messages between Zaborowski and Hinchberger alluding to drug sales in the span of about two weeks before their arrest at Zaborowski’s home.
“Are you coming or what,” said Rogers, citing a May 16 text between the two. “Somebody wants a 50.”
Rogers said a “50” is a common reference to $50 worth of crack cocaine.
Rogers said another text from Zaborowski to Hinchberger was sent May 22.
“Got a sale. 100,” said Rogers, again reading the text aloud.
Fullerton said the text messages were a factor in his decision to hold all charges against Hinchberger, despite McFarland’s call for the case’s dismissal.
“I do think there are some issues factually here, even at this level,” McFarland said.
During testimony, Rogers said Hinchberger had been “couch surfing” at the time, but she didn’t appear to be living at the home at the time of her arrest. Rogers said about 0.6 grams of crack cocaine and $270 were found in Hinchberger’s bra. Of the $270, $100 was pre-recorded funds from the controlled buys.
Rogers said powder cocaine was found near a purse inside one of the bedrooms. He said Zaborowski’s ID was in the purse.
McFarland argued his client hadn’t been living at the residence, and he questioned whether the prerecord bills could be tied to a particular sale. He said it’s possible Zaborowski gave his client the money, and the drugs may have been for personal use.
During cross-examination, Rogers said the confidential informant used for one of the buys told officers Zaborowski handled the transaction while Hinchberger was elsewhere in the home.
“We don’t really know the circumstances (under which) she acquired those funds,” McFarland said. “It’s possible Ms. Hinchberger was unaware the funds were tied to drugs.”
Assistant District Attorney Laura Pitchford said enough evidence was presented to show Hinchberger was at least staying at the home while drug sales were taking place.
“I disagree with how (the evidence is) being construed,” she said.
Fullerton said the May 22 text in particular seemed worthy of a jury’s opinion as it referenced $100, the same amount of prerecorded cash found in her clothes.
“I don’t find anything ambiguous abut those two cited texts,” Fullerton said. “Even if it is coincidence, that’s for a jury to decide for themselves.”
The women are scheduled to appear for formal arraignment Aug. 16 in county court.
