The Pennsylvania Superior Court in a carefully worded 24-page opinion vacated the drunken vehicular homicide conviction of Shavertown attorney Joseph Persico, who had not yet started serving his sentence of up to six years in state prison.
A three-member panel of the appellate court determined Persico’s blood test to determine his alcohol level was unconstitutional in vacating a Carbon County jury’s verdict that convicted the 74-year-old man on charges of homicide by vehicle while driving under the influence, homicide by vehicle, driving under the influence, simple assault and involuntary manslaughter.
The jury in Carbon County convicted Persico following a two-day trial in February 2024…