Wednesday, December 5, 2007

The Witness Round Up

Harlow and Joe

Both Harlow Cuadra and Joseph Kerekes' attorneys have requested more time before trial, with one reason being that they need to speak with witnesses that are scattered around the globe.

I wanted to clarify a few things in regards to this, so that folks don't think there's something odd going on.

The way the system works is that these witnesses, whether they are for the guilt phase or penalty phase, need to be rounded up and interviewed before the start of trial. It goes to the rules of discovery. Both parties need to know what the witnesses would say if called to testify.

The penatly phase, if necessary, would start IMMEDIATELY after the guilt phase. It's not like the attorneys get to ask the judge for more time to track down the witnesses after a verdict.

That's why they need to be rounded up before trial; not because the attorneys think their clients will be guilty.

From what I've been told, it's been done that way in every capital murder case in Luzerne County for the past 9 years. Even those that never reached the penalty phase.

Rounding up these witnesses now has absolutely nothing to do with any confidence on the guilt phase.