Feb. 20—WILKES-BARRE — Luzerne County President Judge Michael T. Vough rejected a request to dismiss certain charges against homicide suspect James Raymond Alberto.

Alberto's attorney, Frank T. McCabe, sought to have two of three charges, called inchoate crimes, dismissed arguing in court papers Alberto could not be convicted of more than one as they involve the same alleged offense.

McCabe referred to criminal solicitation to commit homicide, criminal conspiracy to engage in homicide and criminal conspiracy aiding in homicide.

Alberto, 34, and Charles Reilly Bierly, 24, were charged by Wilkes-Barre police in the slaying of Judith C. Comisky, 52, inside her Willow Street residence on Sept. 16, 2021.

Court records say Alberto persuaded and conspired with Bierly to kill Comisky as Alberto believed Comisky was an informant. Alberto allegedly provided Bierly with the key code to enter Comisky's house and provided Bierly with a get-away vehicle.

After Comisky was killed, Bierly discarded items in the Susquehanna River near the Nanticoke-West Nanticoke Bridge that were recovered, prosecutors said.

An autopsy revealed Comisky died from multiple stab wounds.

Alberto was charged with criminal homicide, burglary, criminal conspiracy to commit burglary, illegal possession of a firearm and the three inchoate crimes.

McCabe argued a person may not be convicted of more than one of the inchoate crimes as it relates to the same alleged offense.

In response, assistant district attorneys Drew P. McLaughlin and Julian Truskowski say the criminal statute does not preclude a defendant from being charged with multiple inchoate crimes.

If Alberto is convicted on one or all of the inchoate crimes, then he'll be sentenced on only one with concurrent sentences being applied for the remaining two, McLaughlin and Truskowski responded.

Vough rejected the request to dismiss the inchoate crimes against Alberto.

Bierly is charged with the same offenses including tampering with evidence.

Vough previously severed the trials scheduling Bierly's trial to begin May 22 and Alberto's trial a week later, May 30.