Post by CCADP on Aug 16, 2005 7:57:16 GMT -5
Opening of orders probed
Judge Olszewski sets hearing for tomorrow on why prosecutors opened confidential orders in double-homicide case.
By DAVID WEISS dweiss@leader.net
WILKES-BARRE – A judge said prosecutors in Hugo Selenski’s double-homicide case recently unsealed confidential court orders without his permission.
The move prompted Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. to schedule a hearing for tomorrow to determine what led to the orders, filed in the clerk of courts office, to be opened.
It remains unclear, though, what information was contained in the documents and exactly what ramifications any violation of the sealing order would lead to, Selenski’s attorney, Demetrius Fannick said.
“I’ve never seen anything like this,” Fannick said. “The orders are sealed specifically for the purpose that no one sees them. Obviously, something went wrong – drastically wrong.”
Luzerne County Clerk of Courts Robert Reilly said on Monday he was unaware of any sealed Selenski orders being opened and reviewed. But he believes the confusion might stem from his attempt to rid his office of old orders in cases that no longer need to be sealed.
Reilly said he recently asked the District Attorney’s Office and state Office of Attorney General to review any sealed orders they have in his office. He said he wanted them to determine if the orders could be removed from a safe to clear room for new orders.
The sealed orders are secured with dated tape in an opaque envelope and placed in a safe in Reilly’s office away from all other files. Neither Reilly nor any of his employees ever see the contents of sealed orders, he said.
“I don’t know what ones were opened. I have no clue,” Reilly said
The District Attorney’s Office and Attorney General’s Office file most of the sealed orders, Reilly said.
Tomorrow’s hearing is supposed to “determine the exact circumstances surrounding the opening,” Olszewski wrote in his order scheduling the 9 a.m. hearing.
Olszewski, in the order, said “representatives of the” District Attorney’s Office opened the orders “without authority or permission to do so” and ordered Reilly, District Attorney David Lupas and all members of their staffs “involved with or who have any information concerning this incident” to attend tomorrow’s hearing.
Fannick was unsure how many sealed orders were reviewed. He will wait until after he learns the circumstances to determine what action to take.
Fannick said he learned of the confidentiality breach last week when prosecutors called him to inform him they saw the sealed orders.
The prosecutors indicated they were also going to immediately tell Olszewski of the error, Fannick said.
“We not only have someone seeing them, we have members of the prosecutor’s office seeing them,” Fannick said.
Carol Crane, a spokeswoman for Lupas, said she could not comment on the issue because of a gag order issued in the case.
Selenski is awaiting trial on two counts of homicide in connection with the 2003 shotgun slayings of two alleged drug dealers at his Kingston Township home.
Police said Selenski lured Adeiye Keiler and Frank James to the Mount Olivet Road home where he robbed them of drugs and money before shooting the two and burning their bodies.
Police searched the property in June 2003 and found the remains of five bodies, but Selenski has only been charged with shooting the two men.
Prosecutors are seeking the death penalty in the case.
As the case proceeded, Olszewski agreed that certain orders in the case should be sealed. The orders are not supposed to be opened without a judge’s permission.
Reilly said there is no indication that anyone on his staff violated a sealing order and provided the files to prosecutors.
He will attend tomorrow’s hearing, he said, and he hopes the confusion might lead to a better system in handling sealed orders.
Reilly said his office merely files the orders, but has no say as to when the confidential orders should be unsealed and removed from the safe, leading to an abundance of old, sealed files.
David Weiss, a Times Leader staff writer, may be reached at 831-7397
Judge Olszewski sets hearing for tomorrow on why prosecutors opened confidential orders in double-homicide case.
By DAVID WEISS dweiss@leader.net
WILKES-BARRE – A judge said prosecutors in Hugo Selenski’s double-homicide case recently unsealed confidential court orders without his permission.
The move prompted Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. to schedule a hearing for tomorrow to determine what led to the orders, filed in the clerk of courts office, to be opened.
It remains unclear, though, what information was contained in the documents and exactly what ramifications any violation of the sealing order would lead to, Selenski’s attorney, Demetrius Fannick said.
“I’ve never seen anything like this,” Fannick said. “The orders are sealed specifically for the purpose that no one sees them. Obviously, something went wrong – drastically wrong.”
Luzerne County Clerk of Courts Robert Reilly said on Monday he was unaware of any sealed Selenski orders being opened and reviewed. But he believes the confusion might stem from his attempt to rid his office of old orders in cases that no longer need to be sealed.
Reilly said he recently asked the District Attorney’s Office and state Office of Attorney General to review any sealed orders they have in his office. He said he wanted them to determine if the orders could be removed from a safe to clear room for new orders.
The sealed orders are secured with dated tape in an opaque envelope and placed in a safe in Reilly’s office away from all other files. Neither Reilly nor any of his employees ever see the contents of sealed orders, he said.
“I don’t know what ones were opened. I have no clue,” Reilly said
The District Attorney’s Office and Attorney General’s Office file most of the sealed orders, Reilly said.
Tomorrow’s hearing is supposed to “determine the exact circumstances surrounding the opening,” Olszewski wrote in his order scheduling the 9 a.m. hearing.
Olszewski, in the order, said “representatives of the” District Attorney’s Office opened the orders “without authority or permission to do so” and ordered Reilly, District Attorney David Lupas and all members of their staffs “involved with or who have any information concerning this incident” to attend tomorrow’s hearing.
Fannick was unsure how many sealed orders were reviewed. He will wait until after he learns the circumstances to determine what action to take.
Fannick said he learned of the confidentiality breach last week when prosecutors called him to inform him they saw the sealed orders.
The prosecutors indicated they were also going to immediately tell Olszewski of the error, Fannick said.
“We not only have someone seeing them, we have members of the prosecutor’s office seeing them,” Fannick said.
Carol Crane, a spokeswoman for Lupas, said she could not comment on the issue because of a gag order issued in the case.
Selenski is awaiting trial on two counts of homicide in connection with the 2003 shotgun slayings of two alleged drug dealers at his Kingston Township home.
Police said Selenski lured Adeiye Keiler and Frank James to the Mount Olivet Road home where he robbed them of drugs and money before shooting the two and burning their bodies.
Police searched the property in June 2003 and found the remains of five bodies, but Selenski has only been charged with shooting the two men.
Prosecutors are seeking the death penalty in the case.
As the case proceeded, Olszewski agreed that certain orders in the case should be sealed. The orders are not supposed to be opened without a judge’s permission.
Reilly said there is no indication that anyone on his staff violated a sealing order and provided the files to prosecutors.
He will attend tomorrow’s hearing, he said, and he hopes the confusion might lead to a better system in handling sealed orders.
Reilly said his office merely files the orders, but has no say as to when the confidential orders should be unsealed and removed from the safe, leading to an abundance of old, sealed files.
David Weiss, a Times Leader staff writer, may be reached at 831-7397