Update @ 4:35 pm - Kerekes' attorneys have filed a petition for Writ of Habeas Corpus, saying that the prosecutor did not present enough evidence at the preliminary hearing to take Kerekes to trial on all his charges, homicide included. The attorneys want all the charges tossed out and Kerekes released from prison.
It's essentially an appeal of the preliminary hearing ruling and commonly done in almost every homicide case in Luzerene County. This motion will be heard on 01/30/08, and though the chances of them winning are just about nil, it certainly still doesn't hurt to try.
Update @ 1:53 pm - The judge has extended the deadline for the defense to file pre-trial motions. The deadline is now 1-31-08.
Update: From a court-watcher (10:48 am) - "The hearing is over. There were NO rulings yet. But that could change by the end of the day."
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The Times Leader is reporting that attorneys for homicide suspect Joseph Kerekes on Friday indicated they might be able to legally challenge the prosecution's intent to seek the death penalty for Kerekes.
Kerekes and Harlow Cuadra are facing homicide and other charges in the death of Bryan Kocis in Dallas Township.
Prosecutors are seeking the death penalty for both suspects.
At a pre-trial hearing Friday, a Kerekes attorney, Mark Bufalino, said he needed prosecutors to indicate whether they believe Kerekes was the principal killer, accomplice, or co-conspirator.
He needs to know that because he said prosecutors can only seek the death penalty for the principal killer.
If prosecutors do not believe Kerekes is the principal killer, Bufalino could ask that they be prohibited from seeking the death penalty for Kerekes.
Luzerne County Assistant District Attorney Mike Melnick said evidence in the case points to both men being blamed as the principal killer.
Court of Common Pleas Judge Peter Paul Olszewski Jr. told Bufalino and Melnick to file legal briefs outlining their position on the issue.
A hearing on the issue is set for Jan. 30.
