Kerekes' attorneys also say prosecutors did not present enough evidence at the preliminary hearing to take Kerekes to trial on all his charges, homicide included. His attorneys want all the charges tossed out and Kerekes released from prison. It is essentially an appeal of the preliminary hearing ruling and commonly done in almost every homicide case here.
Ruzzo asked for Cuadra to be transferred from the Lackawanna County prison to Luzerne County Correctional Facility, because Cuadra’s confinement status is making it more difficult to prepare his defense. Melnick has argued Cuadra and Kerekes should be kept at separate facilities in the interest of justice.
The most interesting motion (perhaps) is the one filed by Kerekes' attorney Mark Bufalino, in which he says that the prosecutors need to indicate whether they believe Kerekes was the principal killer, accomplice, or co-conspirator. The issue, Bufalino says, is that he believes prosecutors can only seek the death penalty for a principal killer. Meanwhile Luzerne County Assistant District Attorney Mike Melnick says evidence in the case “fully suggests” both suspects could be principals in the case. Judge Olszewski has already received the legal briefs from both sides outlining their arguments, and may rule on this motion as well.
Judge Olszewski has also given both sides until January 31, 2008 to file any additional motions, but it wouldn't surprise me if we hear about these (if any) new filings/requests during this hearing.
