Post by CCADP on Aug 30, 2005 5:48:32 GMT -5
Lawyer: Death penalty use unfair
BY EDWARD LEWIS Staff Writer 08/30/2005 Email to a friend Printer-friendly
WILKES-BARRE — Double homicide suspect Hugo Selenski should not face the death penalty because prosecutors obtained the name of a defense expert by opening two sealed documents related to the case, attorney Demetrius Fannick said.
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Mr. Fannick claimed Mr. Selenski, 32, is at an unfair advantage because prosecutors can gather information that can be used against the defense expert that was hired to counter the death penalty. Mr. Fannick claimed prosecutors have leverage by hiring their own expert to discredit the defense expert.
Mr. Selenski is accused of the shotgun slayings of Adeiye Ossasis Keiler, 22, and Frank James, 29, which allegedly occurred at his Kingston Township home on May 14, 2003.
Mr. Fannick did not name the defense expert in his motion filed in court Monday afternoon seeking to have the death penalty dismissed. He is also seeking reimbursement of $3,300 for 22 hours of legal research he performed related to the opening of the sealed documents.
Mr. Fannick has been defending Mr. Selenski pro bono since homicide and related charges were filed against him on Oct. 6, 2003.
Luzerne County Assistant District Attorney Jair Novajosky and county Detective Lt. Gary Capitano were assigned to review a 10-page list of sealed court documents that are kept in a safe in the clerk of court’s office. While they were reviewing the list and piles of sealed envelopes they believed were old sealed search warrants on Aug. 10, two documents related to the Selenski case sealed by Judge Peter Paul Olszewski Jr. were opened.
Mr. Fannick claimed the district attorney’s office was told by the clerk’s office that the list and piles of sealed envelopes contained old search warrants and court orders. He included an e-mail by First Assistant District Attorney Jacqueline Carroll sent to chief county Detective Michael Dessoye that requested a detective to assist Mr. Novajosky.
District Attorney David W. Lupas could not be reached for comment. He did say on Thursday, “Those documents were placed on a pile that we were told were simply district attorney search warrants.”
Mr. Novajosky and Lt. Capitano told Judge Olszewski during a hearing Aug. 18 that they did not read the contents of the documents that were opened.
However, Mr. Fannick claimed prosecutors did read the documents and obtained the name of the defense expert. He called the opening of the sealed documents intentional and reckless that “amounts to prosecutorial misconduct.”
Assistant District Attorney James McMonagle, who is prosecuting Mr. Selenski, has until Friday to respond to Mr. Fannick’s motion and the opening of the sealed documents.
©The Times-Tribune 2005
BY EDWARD LEWIS Staff Writer 08/30/2005 Email to a friend Printer-friendly
WILKES-BARRE — Double homicide suspect Hugo Selenski should not face the death penalty because prosecutors obtained the name of a defense expert by opening two sealed documents related to the case, attorney Demetrius Fannick said.
Advertisement
Mr. Fannick claimed Mr. Selenski, 32, is at an unfair advantage because prosecutors can gather information that can be used against the defense expert that was hired to counter the death penalty. Mr. Fannick claimed prosecutors have leverage by hiring their own expert to discredit the defense expert.
Mr. Selenski is accused of the shotgun slayings of Adeiye Ossasis Keiler, 22, and Frank James, 29, which allegedly occurred at his Kingston Township home on May 14, 2003.
Mr. Fannick did not name the defense expert in his motion filed in court Monday afternoon seeking to have the death penalty dismissed. He is also seeking reimbursement of $3,300 for 22 hours of legal research he performed related to the opening of the sealed documents.
Mr. Fannick has been defending Mr. Selenski pro bono since homicide and related charges were filed against him on Oct. 6, 2003.
Luzerne County Assistant District Attorney Jair Novajosky and county Detective Lt. Gary Capitano were assigned to review a 10-page list of sealed court documents that are kept in a safe in the clerk of court’s office. While they were reviewing the list and piles of sealed envelopes they believed were old sealed search warrants on Aug. 10, two documents related to the Selenski case sealed by Judge Peter Paul Olszewski Jr. were opened.
Mr. Fannick claimed the district attorney’s office was told by the clerk’s office that the list and piles of sealed envelopes contained old search warrants and court orders. He included an e-mail by First Assistant District Attorney Jacqueline Carroll sent to chief county Detective Michael Dessoye that requested a detective to assist Mr. Novajosky.
District Attorney David W. Lupas could not be reached for comment. He did say on Thursday, “Those documents were placed on a pile that we were told were simply district attorney search warrants.”
Mr. Novajosky and Lt. Capitano told Judge Olszewski during a hearing Aug. 18 that they did not read the contents of the documents that were opened.
However, Mr. Fannick claimed prosecutors did read the documents and obtained the name of the defense expert. He called the opening of the sealed documents intentional and reckless that “amounts to prosecutorial misconduct.”
Assistant District Attorney James McMonagle, who is prosecuting Mr. Selenski, has until Friday to respond to Mr. Fannick’s motion and the opening of the sealed documents.
©The Times-Tribune 2005