Former New York Mets and Philadelphia Philies outfielder Lenny Dykstra was in and out of a Pike County courtroom in less than 10 minutes as he waived his right to a preliminary hearing Tuesday on drug-related charges.
Mostly just answering yes to his defense attorney Thomas Mincer's questions about whether he understood the hearing process, the 63-year-old ex-Major League Baseball player said little else inside the courtroom and nothing about the case to reporters waiting outside Magisterial District Judge Randy Schmalzle's office in Palmyra Twp.
Still recovering from a stroke that impaired his left hand more than a year ago, Dykstra signed a paper left-handed to confirm he wanted to waive his hearing.
As his client signed, Mincer said he didn't realize Dykstra was left handed.
Dykstra said he could sign with both hands.
"A switch-hitter," Mincer said.
Not as a hitter, said Dykstra, who only batted left-handed in a 12-year career that ended in 1996.
Mincer handed the paper to Schmalzle, who told Dykstra he would remain free on his own recognizance and would have to show up for all court-related appointments..
"Don't get in any trouble," Mincer told Dykstra. "I have no doubt that that's not going to be a problem for us."
With that, Dykstra's court date ended.
The next steps
Waiving a preliminary hearing on criminal charges means a case moves into the county court of common pleas where Dykstra can ask for a trial or negotiate a plea bargain with prosecutors.
District Attorney Ray Tonkin declined to say if there’s a plea deal in the works. Tonkin said conduct rules for lawyers prohibit him from making public statements that may prejudice Dykstra's right to a fair trial.
Attorney Matthew Blit, another lawyer who represents Dykstra and has proclaimed his client innocent, later issued a statement about the case.
"Thomas Mincer and I are pleased to report that today was Lenny Dykstra's first court appearance," Blit said. "Attorney Mincer had a very productive meeting with the district attorney's office, and we are pleased to report that everything is moving in a positive direction."
Dykstra, who now lives in Scranton, is charged with intentionally possessing crack cocaine, use or possession of drug paraphernalia and failing to change the name or address on his identification within 15 days. He was charged via a mailed summons and did not previously appear in court.
What happened New Year's Eve
He was a passenger in a 2015 GMC Sierra driven New Year's Eve in Pike County by Kevin Zelna, 37, of Scranton. Police charged Zelna with two counts of driving under the influence of alcohol; possession of a controlled substance; possession of drug paraphernalia; two counts of altering or forging vehicle ownership documents; resisting arrest; and other driving-related counts.
"We firmly assert that the alleged narcotics did not belong to Lenny, who is currently recovering from a serious stroke," Bilt said in a mid-February statement sent to WVIA and other media outlets. "Lenny was not knowingly in possession of or under the influence of any narcotics on his person and was not taken into custody at the scene. The driver was arrested and taken into custody at the scene and accused of 17 counts, including being under the influence. Not Lenny. Attorney Tom Mincer and our team remain steadfast in our commitment to absolving Lenny of all possession charges."
Police found a plastic bottle with suspected methamphetamine and a glass smoking device in the wallet, but Dykstra said Zelna put “items” in there, according to an affidavit. Tests later showed the drug was crack cocaine, a trooper testified at Zelna's preliminary hearing in February. Schmalzle sent all the charges against Zelna to court for further action.
A trooper pulled Zelna over on Route 507 in Greene Twp. because a computer check showed the Sierra bore a “dead” license plate and drove outside his lane of travel numerous times, according to an arrest affidavit.
In the affidavit against Dykstra, Trooper Kody Nowicki said the former baseball player asked for permission to get his personal belongings from “a pouch or purse-style container” in the glove compartment.
“As the passenger opened the pouch to confirm the presence of his identification and credit card, troopers observed, in plain view, a glass smoking device and a jar/container containing suspected narcotics,” Nowicki wrote in the affidavit.
Dykstra told police Zelna took his wallet and placed “items” in it. He consented to the search of the wallet, which turned up the suspected drug and a smoking device, according to the Zelna affidavit.
Dykstra rehabbing
Before the hearing, a man who identified himself as a drug and alcohol counselor spoke with reporters and later greeted Dykstra, said the ex-ballplayer has completed 86 days of sobriety with the help of fellow former New York Met outfielder Darryl Strawberry.
As Dykstra waited in a vehicle, Dennis D'Agostine, pastor of Steamtown Church in Scranton, told reporters he is proud of Dykstra for going through rehabilitation.
"He's taken big steps," D'Agostine said.
