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However, the same jury found Matthew R. Nestor guilty of filing a false police report and William Moyer guilty of lying to the FBI. Jurors ruled Nestor and Moyer not guilty of conspiracy and Moyer not guilty of filing a false police report, tampering with evidence and tampering with a witness. "I think I had a fair jury," Moyer said. "I'm very thankful I was found not guilty of the other charges. The thing I'm most thankful for is that I have a good family behind me."
Nestor said nothing as he left the Max Rosenn United States Courthouse, Wilkes-Barre, following the verdict, which elicited happiness among Hayes' family and friends, especially his fiancee, Tammy Piekarsky (murderer Piekarsky's mom), who jumped up and down and wept with joy after he was found not guilty.
Senior U.S. District Judge A. Richard Caputo, who presided over the 13-day trial, set April 29 as the date for the sentencing of Nestor and Moyer, who face possible sentences of 20 years and five years, respectively. Both men are free pending sentencing. Joseph P. Nahas Jr., Frackville, one of Nestor's lawyers, said he would "absolutely" file an appeal of his client's conviction, while Enid W. Harris, Kingston, Moyer's lawyer, said she probably would not appeal her client's conviction. Any appeal by Nestor or Moyer would be heard by the Philadelphia-based 3rd U.S. Circuit Court of Appeals. Prosecutors are legally barred from appealing the not guilty verdicts.
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