Published: February 26, 2009 11:51 pm      

Release unlikely in Haws Pike crash

EBENSBURG — A Canadian woman who has been living in Johnstown for more than a year and now facing crack cocaine charges will be able to get out of the Cambria County Prison only if released by a federal court or immigration authorities, a county judge ruled Thursday.

Edelyn Madalura, 25, of the 500 block of Harold Avenue, is being held in the county prison on a federal immigration detainer even after her $80,000 bond was posted by $8,000 – 10 percent cash – on Monday on the drug charges, Sgt. Mary Makin, the prison’s records officer, said.

Even if a federal court orders her released or the detainer is lifted, Judge Norman Krumenacker has tightened her county bond conditions. She must report daily to a probation officer and she cannot change her address without his permission, he said.

Still unresolved is whether a marriage license issued Feb. 9 by the county register of wills office for Madalura and her fiance, Matthew Sherrell of Johnstown, is still valid so they can be married.

Patty Sharbaugh, the register, said that she had revoked the license after learning that the woman may be an illegal alien and was attempting to have Sherrell return the license. In Pennsylvania, a marriage license is good for 60 days, and the couple can be married anywhere in the state, Sharbaugh said.

The judge said that he would not address that issue unless a petition is filed with the court.

Madalura was the passenger in an SUV involved in a fatal traffic accident Jan. 27 on Haws Pike near Johnstown.

The driver of the other vehicle – Todd Block, 49, of Johnstown, was killed in the crash. His passenger – Richard Facci, 62, also of Johnstown – died Sunday of injuries from the accident.

The West Hills police said that they found cocaine in the women’s vehicle – in a diaper bag and purse allegedly carried by Madalura. The police charged Madalura and Melody Shanae Harris, the driver of the SUV, with possession of cocaine with the intent to deliver and criminal conspiracy.

The crack, which weighed 116 grams, would have a street value of more than $20,000, a narcotics investigator said.

Rather than increasing Madalura’s bond as requested by county prosectors, the judge tightened the bail conditions.

Attorney Tom Leiden suggested that Madalura would be a flight risk if released on the $80,000 bond. If convicted, she would face a mandatory minimum of four years in prison even though she reportedly has no prior criminal record, Leiden said.

Stephen Fleming of State College, one of Madulura's attorneys, asked that she be released from the jail because the federal detainer to hold her there was good for 48 hours.

Makin testified that Madalura started being listed as a federal detainee the day after bond was posted.

After Krumenacker said that he would have no jurisdiction of a federal detainee, Fleming said that he would petition a federal Immigration Court for her release.

Pittsburgh Attorney George Bills, who represents Madalura on the criminal charges, told the judge that she had entered the country legally with a birth certificate and Canadian driver’s license - the only requirements at the time.

A preliminary hearing for the two women is scheduled for April 8 before District Judge John Barron of Upper Yoder Township.