Judge Peter Paul Olzewski issued a trial management order on 08/14/2008 to Harlow Cuadra and Joseph Kerekes' defense counsel, as well as counsel for the Commonwealth:
AND NOW, this 14th day of August, 2008, at 1:10 o’clock p.m.,it is ORDERED AND DECREED as follows:
1. PRE-TRIAL CONFERENCE.
The Defendant and Counsel for both parties are hereby ATTACHED and shall attend a Pre-Trial Conference with the Court in Courtroom No. 2, Luzerne County Courthouse, 200 North River Street, Wilkes-Barre, Pennsylvania, which Pre-Trial Conference shall take place on Thursday, November 20, 2008 at 1:00 p.m.
2. DOCUMENTS TO BE PROVIDED TO COURT AT PRE-TRIAL CONFERENCE.
Counsel for the Commonwealth and Defendant shall provide the Court with the following material at the Pre-Trial Conference:
A. An Exhibit List identifying and describing each item that may be offered into evidence.
B. A Witness List identifying all witnesses who will or might be called to testify at any stage of the proceeding. The identity shall include full name, address and if known, telephone number. If any individual is to be offered as an “expert” witness, counsel shall so identify the individual and, in addition to the aforesaid information, shall also identify the area of expertise.
C. A Trial Brief specifying all the factual and legal issues that might arise prior to or during the course of trial in this matter, together with a summary of all legal arguments on the cited issues, and appropriate citations of authority.
D. Proposed Voir Dire Questions to be asked to jurors regarding their qualifications on voir dire examination with an appropriate citation of authority to support any inquiry which is not routine.
E. Verdict Slip Counsel for both parties shall provide the Court with proposed Verdict Slips for both the Guilty Phase and potential Penalty Phase of the within Trial.
3. DISCOVERY TO BE PROVIDED BY THE COMMONWEALTH
Counsel for the Commonwealth shall be prepared to provide Defense Counsel with all of the following if it has not been done prior to the Pre-Trial Conference:
A. Any evidence favorable to the accused which is material to either guilt or to punishment, and is within the possession or control of the Attorney for the Commonwealth.
B. Copies of any and all statements with the substance of any oral statement or statements made by the Defendant, and, in addition, the identity of the person to whom the statement or statements were made.
C. The results or reports of any scientific tests conducted by or on behalf of the Commonwealth, and any reports received relating to the opinion of any expert whether said person is to be called as a witness or not.
D. An exhibit of all photographs and other tangible objects or evidence that may conveniently be exhibited at the Pre-Trial Conference.
E. The names and addresses of any and all eyewitnesses to the offense.
F. Copies of all written or recorded statements and substantially verbatim oral statements of eyewitnesses the Commonwealth intends to call at trial.
4. DISCOVERY TO BE PROVIDED BY THE DEFENDANT
The Defendant, subject to his rights against compulsory self incrimination, shall be prepared to provide the Attorney for the Commonwealth with the results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession and control of the Defendant, which the Defendant intends to offer as evidence-in-chief, or which were prepared by a witness whom the Defendant intends to call at trial.
5. ISSUES TO BE DISCUSSED AT PRE-TRIAL CONFERENCE.
Counsel for the Commonwealth and the Defendant shall be prepared to address themselves at the Pre-Trial Conference to the following questions or issues:
A. Disposition of any and all pending Pro-Trial Motions presented in timely compliance with the Rules of Criminal Procedure.
B. Jury sequestration during voir dire examination and/or trial.
C. The number of preemptory challenges applicable to this trial.
D. The simplification of factual issues, including admissibility of evidence.
E. The time schedule of the trial which shall commence on Monday, January 5, 2009.
F. The qualification of Exhibits as evidence to avoid unnecessary delay.
G. Any particular or special problems involving the attendance of the witnesses. (NOTE: Counsel for the Commonwealth and the Defendant shall ensure that no such problems arise.)
H. Any and all objections, proffers and Motions in Limine which are capable of presentation and determination before trial.
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Note from PC: I know this is a little late, and I've got several other documents to post as well. I broke a finger on my left hand the other day (I also happen to be left handed), but things should begin to return to near-normal thanks to meds. :)
TRIAL MANAGEMENT ORDER
AND NOW, this 14th day of August, 2008, at 1:10 o’clock p.m.,it is ORDERED AND DECREED as follows:
1. PRE-TRIAL CONFERENCE.
The Defendant and Counsel for both parties are hereby ATTACHED and shall attend a Pre-Trial Conference with the Court in Courtroom No. 2, Luzerne County Courthouse, 200 North River Street, Wilkes-Barre, Pennsylvania, which Pre-Trial Conference shall take place on Thursday, November 20, 2008 at 1:00 p.m.
2. DOCUMENTS TO BE PROVIDED TO COURT AT PRE-TRIAL CONFERENCE.
Counsel for the Commonwealth and Defendant shall provide the Court with the following material at the Pre-Trial Conference:
A. An Exhibit List identifying and describing each item that may be offered into evidence.
B. A Witness List identifying all witnesses who will or might be called to testify at any stage of the proceeding. The identity shall include full name, address and if known, telephone number. If any individual is to be offered as an “expert” witness, counsel shall so identify the individual and, in addition to the aforesaid information, shall also identify the area of expertise.
C. A Trial Brief specifying all the factual and legal issues that might arise prior to or during the course of trial in this matter, together with a summary of all legal arguments on the cited issues, and appropriate citations of authority.
D. Proposed Voir Dire Questions to be asked to jurors regarding their qualifications on voir dire examination with an appropriate citation of authority to support any inquiry which is not routine.
E. Verdict Slip Counsel for both parties shall provide the Court with proposed Verdict Slips for both the Guilty Phase and potential Penalty Phase of the within Trial.
3. DISCOVERY TO BE PROVIDED BY THE COMMONWEALTH
Counsel for the Commonwealth shall be prepared to provide Defense Counsel with all of the following if it has not been done prior to the Pre-Trial Conference:
A. Any evidence favorable to the accused which is material to either guilt or to punishment, and is within the possession or control of the Attorney for the Commonwealth.
B. Copies of any and all statements with the substance of any oral statement or statements made by the Defendant, and, in addition, the identity of the person to whom the statement or statements were made.
C. The results or reports of any scientific tests conducted by or on behalf of the Commonwealth, and any reports received relating to the opinion of any expert whether said person is to be called as a witness or not.
D. An exhibit of all photographs and other tangible objects or evidence that may conveniently be exhibited at the Pre-Trial Conference.
E. The names and addresses of any and all eyewitnesses to the offense.
F. Copies of all written or recorded statements and substantially verbatim oral statements of eyewitnesses the Commonwealth intends to call at trial.
4. DISCOVERY TO BE PROVIDED BY THE DEFENDANT
The Defendant, subject to his rights against compulsory self incrimination, shall be prepared to provide the Attorney for the Commonwealth with the results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession and control of the Defendant, which the Defendant intends to offer as evidence-in-chief, or which were prepared by a witness whom the Defendant intends to call at trial.
5. ISSUES TO BE DISCUSSED AT PRE-TRIAL CONFERENCE.
Counsel for the Commonwealth and the Defendant shall be prepared to address themselves at the Pre-Trial Conference to the following questions or issues:
A. Disposition of any and all pending Pro-Trial Motions presented in timely compliance with the Rules of Criminal Procedure.
B. Jury sequestration during voir dire examination and/or trial.
C. The number of preemptory challenges applicable to this trial.
D. The simplification of factual issues, including admissibility of evidence.
E. The time schedule of the trial which shall commence on Monday, January 5, 2009.
F. The qualification of Exhibits as evidence to avoid unnecessary delay.
G. Any particular or special problems involving the attendance of the witnesses. (NOTE: Counsel for the Commonwealth and the Defendant shall ensure that no such problems arise.)
H. Any and all objections, proffers and Motions in Limine which are capable of presentation and determination before trial.
---
Note from PC: I know this is a little late, and I've got several other documents to post as well. I broke a finger on my left hand the other day (I also happen to be left handed), but things should begin to return to near-normal thanks to meds. :)
