ORDER
AND NOW, this 14th day of August, 2008, at 2:30 o’clock p.m., upon review and consideration of the Commonwealth’s Motion to Compel Independent Psychiatric Evaluations of Defendants Harlow Raymond Cuadra and Joseph Manuel Kerekes, as well as the brief in support of the same, and following argument and subsequent agreement by Counsel, it is ORDERED AND DECREED as follows:
1. Defense Counsel for each Defendant having advised the Commonwealth that both Defendant Cuadra and Defendant Kerekes will present evidence of mental infirmity in an effort to establish mitigating circumstances in any penalty phase proceeding should one be necessary, Defendant Cuadra and Defendant Kerekes shall submit to an Independent Psychiatric Evaluation including any necessary testing to be conducted by the Commonwealth’s expert. Said examination shall be scheduled on a date chosen by the Commonwealth.
2. Defense Counsel and/or a psychiatric expert engaged by the each Defendant shall have the right to be present for said evaluation, and shall have the right to orally record said evaluation.
3. The Commonwealth shall provide the Court with an expert report regarding each evaluation on or before December 1, 2008. Said reports shall be held under seal until the conclusion of the guilt phase of the within proceedings.
4. The Commonwealth’s expert shall not discuss his examination or the results thereof with anyone, including the Commonwealth, unless and until the results are released by the Court.
BY THE COURT:
OLSZEWSKI, JR.
Copies:
Assistant District Attorney Michael S. Melnick
Assistant District Attorney Timothy M. Doherty
Assistant District Attorney Shannon Crake
Assistant District Attorney William Dunn
John B. Pike, Esquire
Shelley L. Centini, Esquire
Stephen Menn, Esquire
Michael Senape, Esquire
1. Defense Counsel for each Defendant having advised the Commonwealth that both Defendant Cuadra and Defendant Kerekes will present evidence of mental infirmity in an effort to establish mitigating circumstances in any penalty phase proceeding should one be necessary, Defendant Cuadra and Defendant Kerekes shall submit to an Independent Psychiatric Evaluation including any necessary testing to be conducted by the Commonwealth’s expert. Said examination shall be scheduled on a date chosen by the Commonwealth.
2. Defense Counsel and/or a psychiatric expert engaged by the each Defendant shall have the right to be present for said evaluation, and shall have the right to orally record said evaluation.
3. The Commonwealth shall provide the Court with an expert report regarding each evaluation on or before December 1, 2008. Said reports shall be held under seal until the conclusion of the guilt phase of the within proceedings.
4. The Commonwealth’s expert shall not discuss his examination or the results thereof with anyone, including the Commonwealth, unless and until the results are released by the Court.
BY THE COURT:
OLSZEWSKI, JR.
Copies:
Assistant District Attorney Michael S. Melnick
Assistant District Attorney Timothy M. Doherty
Assistant District Attorney Shannon Crake
Assistant District Attorney William Dunn
John B. Pike, Esquire
Shelley L. Centini, Esquire
Stephen Menn, Esquire
Michael Senape, Esquire
