Friday, June 20, 2008

Witness Subpoena

As previously mentioned back on June 11, 2008 - the District Attorney's office filed 33 Subpoenas & Certifications for out-of-state witnesses. Interestingly, some of these were actually written as early as May 19, 2008, though most were done on June 6, 2008. Below is a copy of one of the subpoena's along with the certification (edited to remove witness's address), all of the subpoenas are pretty-much worded the same, with the only difference being the material witness name:

The Commonwealth of Pennsylvania is scheduled to commence criminal prosecution of Joseph Kerekes and Harlow Cuadra at trial commencing on September 2, 2008 in the Luzerne County Court of Common Pleas, 200 N. River Street, Wilkes-Barre, Pennsylvania 18711. [Witness Name] is a material witnesses for the Commonwealth and the attendance at the aforesaid trial is necessary from September 2 through September 26, 2008. The Commonwealth of Pennsylvania requests that in the event that the witness is uncooperative, that the witness be taken into immediate custody and delivered to an officer of the Commonwealth of Pennsylvania to ensure his/her inclusive attendance at the Pennsylvania trial proceedings as per Pennsylvania Rule of Criminal Procedure 522 and all relevant comments thereto and pursuant to 42 Pa.C.S.A. section 5964 relating to witnesses from another state summoned to testify in this Commonwealth. The Commonwealth certifies the compulory attendance of this witness is not for the purpose of serving said witness with process from another civil or criminal proceeding. The Commonwealth hereby waives its right to serve said witness with process, civil or criminal, by virtue of the witness' attendance/presence in Pennsylvania in this matter.