Post by CCADP on Apr 16, 2006 14:46:59 GMT -5
annick will not handle any of Selenski's cases.
Full Text: COPYRIGHT 2006 The Times Leader
Byline: David Weiss
Apr. 13--WILKES-BARRE -- They worked together in beating two homicide raps, but court papers say Hugo Selenski and attorney Demetrius Fannick have developed "irreconcilable differences" in how to handle Selenski's other charges.
No, not Selenski's newest homicide charges. This dispute involves his misdemeanor drunken-driving and bad-checks cases from several years ago.
Fannick on Wednesday officially withdrew from defending Selenski in those two cases. The court papers say Selenski wants to take both cases to trial.
The attorney was initially retained by Selenski when he was arrested in June 2003.
Selenski was later charged with killing Frank James and Adeiye Keiler, and, even though Selenski could no longer pay Fannick, the attorney remained Selenski's lead attorney for free.
Earlier this year, Fannick and attorneys John Pike and Steve Menn helped clear Selenski in the James and Keiler deaths. Selenski was convicted of abusing the corpses. Prosecutors were seeking the death penalty.
The 32-year-old Selenski is now charged with two more counts of homicide in the deaths of pharmacist Michael Kerkowski and his girlfriend, Tammy Fassett.
Fannick will not defend Selenski in that case because Selenski's family could not come to an agreement with Fannick on a fee to handle the case. Fannick has said he couldn't afford to handle another complex homicide case for free.
Now, Pike and Menn, who are publicly paid attorneys, will defend Selenski in that case.
They also inherited Selenski's two older cases.
Once Fannick withdrew from defending Selenski, Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. appointed Pike and Menn to handle the cases.
Fannick, in the court papers, said he had to withdraw from handling the old cases for several reasons, including:
-- "irreconcilable differences" developed between Selenski and Fannick as to how the cases should be handled;
-- trials in the cases would cause Fannick a "continued financial burden" because he is not being paid;
-- it's in Selenski's best interest to be represented by the same attorneys in all pending cases.
Selenski was charged with drunken driving and bad checks in two separate incidents in 2002 and 2003 before his arrest in the James and Keiler deaths.
In November 2002, Selenski wrote a check for $202.25 for groceries at the Mr. Z's Food Mart in Dallas. The check was processed but not honored because of insufficient funds, Dallas police said.
Store officials made repeated attempts to contact Selenski and make arrangements for payment. He could not be contacted and he ignored numerous messages, police said, leading to the filing of a misdemeanor charge.
Then, in March 2003, police said Selenski was drunk when he was driving a white Dodge on Mount Olivet Road in Kingston Township.
He drove the vehicle "within inches" of the rear bumper of a police cruiser, township police said.
Selenski then accelerated to pass the vehicle.
The Kingston Township officer, Ben Bigus, stopped the vehicle and Selenski yelled at the officer, telling Bigus to hurry up.
Bigus said Selenski smelled of alcohol and was "loud and belligerent."
Selenski said he had five beers and he failed a field-sobriety test, police said.
He was arrested and put in a cruiser, where he tried to kick out a window, police said.
Police said Selenski had a blood-alcohol level of 0.142 percent. At the time, an adult driver in Pennsylvania was considered intoxicated with a level of 0.1 percent.
The cases were scheduled for trial on numerous occasions but postponed until the first homicide case was resolved. No new trial dates have been set.
In the court papers filed Wednesday, Fannick said he was unsuccessful in reaching an agreement between Selenski and prosecutors to resolve the case.
Fannick on Wednesday said he had no comment on the move, saying the court document speaks for itself.
If Selenski, who has been jailed since police converged on his home in June 2003 and found the remains of Kerkowski and Fassett amid the remains of five to 12 people at the Mount Olivet Road property, was to plead guilty in the cases, it's likely he would not face much jail time.
The drunken-driving charge could carry a sentence as little as 48 hours in prison. The bad checks charge could carry a maximum sentence of one year in prison.
Fannick on Wednesday did say he will not be representing Selenski in his escape case, which has been appealed.
Selenski was charged after using a rope of sheets to escape from the top floor of the Luzerne County Correctional Facility shortly after being charged in October in the James and Keiler deaths.
He surrendered three days later.
The charges were later thrown out after a technical error was made by prosecutors. Prosecutors then filed an appeal of the ruling. The appeal is pending.
David Weiss, a Times Leader staff writer, may be reached at 831-7397.
Copyright (c) 2006, Wilkes-Barre, Pa., Times Leader
Full Text: COPYRIGHT 2006 The Times Leader
Byline: David Weiss
Apr. 13--WILKES-BARRE -- They worked together in beating two homicide raps, but court papers say Hugo Selenski and attorney Demetrius Fannick have developed "irreconcilable differences" in how to handle Selenski's other charges.
No, not Selenski's newest homicide charges. This dispute involves his misdemeanor drunken-driving and bad-checks cases from several years ago.
Fannick on Wednesday officially withdrew from defending Selenski in those two cases. The court papers say Selenski wants to take both cases to trial.
The attorney was initially retained by Selenski when he was arrested in June 2003.
Selenski was later charged with killing Frank James and Adeiye Keiler, and, even though Selenski could no longer pay Fannick, the attorney remained Selenski's lead attorney for free.
Earlier this year, Fannick and attorneys John Pike and Steve Menn helped clear Selenski in the James and Keiler deaths. Selenski was convicted of abusing the corpses. Prosecutors were seeking the death penalty.
The 32-year-old Selenski is now charged with two more counts of homicide in the deaths of pharmacist Michael Kerkowski and his girlfriend, Tammy Fassett.
Fannick will not defend Selenski in that case because Selenski's family could not come to an agreement with Fannick on a fee to handle the case. Fannick has said he couldn't afford to handle another complex homicide case for free.
Now, Pike and Menn, who are publicly paid attorneys, will defend Selenski in that case.
They also inherited Selenski's two older cases.
Once Fannick withdrew from defending Selenski, Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. appointed Pike and Menn to handle the cases.
Fannick, in the court papers, said he had to withdraw from handling the old cases for several reasons, including:
-- "irreconcilable differences" developed between Selenski and Fannick as to how the cases should be handled;
-- trials in the cases would cause Fannick a "continued financial burden" because he is not being paid;
-- it's in Selenski's best interest to be represented by the same attorneys in all pending cases.
Selenski was charged with drunken driving and bad checks in two separate incidents in 2002 and 2003 before his arrest in the James and Keiler deaths.
In November 2002, Selenski wrote a check for $202.25 for groceries at the Mr. Z's Food Mart in Dallas. The check was processed but not honored because of insufficient funds, Dallas police said.
Store officials made repeated attempts to contact Selenski and make arrangements for payment. He could not be contacted and he ignored numerous messages, police said, leading to the filing of a misdemeanor charge.
Then, in March 2003, police said Selenski was drunk when he was driving a white Dodge on Mount Olivet Road in Kingston Township.
He drove the vehicle "within inches" of the rear bumper of a police cruiser, township police said.
Selenski then accelerated to pass the vehicle.
The Kingston Township officer, Ben Bigus, stopped the vehicle and Selenski yelled at the officer, telling Bigus to hurry up.
Bigus said Selenski smelled of alcohol and was "loud and belligerent."
Selenski said he had five beers and he failed a field-sobriety test, police said.
He was arrested and put in a cruiser, where he tried to kick out a window, police said.
Police said Selenski had a blood-alcohol level of 0.142 percent. At the time, an adult driver in Pennsylvania was considered intoxicated with a level of 0.1 percent.
The cases were scheduled for trial on numerous occasions but postponed until the first homicide case was resolved. No new trial dates have been set.
In the court papers filed Wednesday, Fannick said he was unsuccessful in reaching an agreement between Selenski and prosecutors to resolve the case.
Fannick on Wednesday said he had no comment on the move, saying the court document speaks for itself.
If Selenski, who has been jailed since police converged on his home in June 2003 and found the remains of Kerkowski and Fassett amid the remains of five to 12 people at the Mount Olivet Road property, was to plead guilty in the cases, it's likely he would not face much jail time.
The drunken-driving charge could carry a sentence as little as 48 hours in prison. The bad checks charge could carry a maximum sentence of one year in prison.
Fannick on Wednesday did say he will not be representing Selenski in his escape case, which has been appealed.
Selenski was charged after using a rope of sheets to escape from the top floor of the Luzerne County Correctional Facility shortly after being charged in October in the James and Keiler deaths.
He surrendered three days later.
The charges were later thrown out after a technical error was made by prosecutors. Prosecutors then filed an appeal of the ruling. The appeal is pending.
David Weiss, a Times Leader staff writer, may be reached at 831-7397.
Copyright (c) 2006, Wilkes-Barre, Pa., Times Leader