Wednesday, June 18, 2008

Motions... Motions... Everywhere...

While Harlow Cuadra and Joseph Kerekes' hearing on July 8 & 9 is expected to be filled with a fair amount of witness testimony, there are still quite a few motions that have not been ruled on by Judge Peter Paul Olszewski Jr... so I would expected that we'll finally start getting some answers (though some seem pretty obvious) at this hearing as well... especially since it's labeled as being a "Motions Hearing".

Since there's been so many filings, I've gone ahead and completed an updated list of motions currently in limbo:

Prosecution's Motions:
  • Request for independent psychiatric evaluations.
  • Request to include Justin Hensley's previous testimony.
Joe's Motions:
  • Prosecutors sanctioned (4th request).
  • Trial moved out of Luzerne County.
  • Separate trial for Kerekes and co-defendant Harlow Cuadra.
  • Prevent the Prosecution from using any statements Kerekes made to police, the contents of any conversations recorded at a California beach, and the contents of any evidence seized from Kerekes' e-mail account and Virginia home.
  • Keep any past criminal record of Kerekes out of trial.
Harlow's Motions:
  • Request for separate trials.
  • Cuadra’s trial moved out of Luzerne County or to have an outside jury brought in because of pre-trial publicity.
  • Photographs of the victim kept out of trial because they are inflammatory.
  • Prosecutors to be prevented from using any statements Cuadra made to police because he was questioned while in custody but never informed of his rights.
  • Recorded conversations of Cuadra at a beach kept out of trial because the interception violated the law and Cuadra’s rights.
  • Evidence seized from Cuadra’s Virginia residence and e-mail account kept out of trial because it was obtained with invalid warrants.
  • The charges thrown out because prosecutors failed to present sufficient evidence at a preliminary hearing.
I think that's it. :)