Thursday, April 10, 2008

Kerekes’ Attorneys Oppose Psychiatric Exam

The Citizen's Voice is reporting that attorneys for Joseph Kerekes, who is accused with Harlow Cuadra of killing Bryan Kocis in Dallas Township last year, filed a motion Wednesday opposing a prosecution request that he undergo an independent psychiatric examination.

Prosecutors requested the psychiatric evaluation in an omnibus pretrial motion filed last November, a month after they disclosed their intention to seek the death penalty against Kerekes, 34, of Virginia Beach, Va.

Kerekes’ attorneys argued the request was “premature and inappropriate at this juncture.”

They said Commonwealth v. Sartin, a 2000 case in which an independent psychiatric examination was allowed, “does not give the Commonwealth carte blanche to seek an independent psychiatric evaluation whenever they seek the death penalty.”

Kerekes’ attorneys also filed a brief opposing a prosecution motion seeking to admit the former testimony of Justin Hensley, a prosecution witness who is serving in Iraq.

A second brief submitted by Kerekes’ attorneys on Wednesday said he would be willing to submit to a “reasonable handwriting exemplar” for purposes of “non-testimonial” identification.