Sunday, January 18, 2009

Motion to Pay Expert Criminologist Invoice

(click image below to enlarge):

Invoice 2


AND NOW, this 3rd day of January, 2009, upon receipt and review of the affached Motion to Pay Expert Criminologist Invoice, it is hereby ORDERED AND DIRECTED that:

1. The Luzerne County Controller approve the payment of the Invoice, attached as “Exhibit 2” to the Motion, in the amount of $400.00; and

2. The Luzerne County Treasurer issue a check payable to “Robert Johnson, Ph.D., XXXX XXXXX XXXXX XXXXX, XXXXX, VA XXXXX” in the amount of $400.00 for services rendered, representing payment in full.


Peter Paul Olszewski Jr.


The defendant, Joseph Manuel Kerekes (“Mr. Kerekes”), by and through his counsel, Shelley L. Centini, Esq. and John Pike, Esq. Court-Appointed Conflict Counselors for Luzerne County, respecttully requests this Court to Order payment of criminologist invoice and represents as follows:

1. Mr. Kerekes is an adult individual presently incarcerated and serving a life sentence after pleading guilty to second degree murder and other offenses an December 8, 2008.

2. On May 15, 2007 Mr. Kerekes was charged by Criminal Complaint with the following offenses: Criminal Homicide (Title 18 Pa.C.S. Sec. 2501 (a)), Criminal Conspiracy to Commit Criminal Homicide (Title 18 Pa.C.S. Sec. 903(a)(1)), Liability for the Conduct of Another/Complicity (Title 18 Pa.C.S. Sec. 306(B)(3)(ii)), Arson and Related Offenses—Recklessly endangering (Title 18 Pa.C.S. Sec. 3301(a)(1)(i)), Arson and Related Offenses—Inhabited Building (Title 16 Pa.C.S. Sec. 3301 (a)(1)(ii)), Burglary (Title 18 Pa.C.S. Sec. 3502(a)), Robbery (Title 18 Pa.C.S. Sec. 3701 (a)(1)(i)), Theft by Unlawful Taking (Title 18 Pa.CS. Sec. 3921 (a)), Tampering with Physical Evidence (Title 18 Pa.C.S. Sec. 491 0(1)), Abuse of Corpse (Title 18 Pa.C.S. Sec. 5510), Conspiracy to Commit Burglary (Title 18 Pa.C Sec. 903(a)(1)), Criminal Conspiracy to Commit Robbery (Title 18 Pa.C.S. Sec. 903(a)(1)), Criminal Conspiracy to Commit Tampering with Physical Evidence (Title 18 Pa.C.S. Sec. 903(a)(1)), and Criminal Conspiracy to Commit Arson—Recklessly endangering (Title 18 Pa.C.S. Sec. 903(a)(1)).

3. On October 1, 2007 the Commonwealth filed their Notice of Aggravating Circumstances, advising that they intended to seek the death penalty against Mr. Kerekes.

4. In preparation for jury trial and/or penalty phase, on November 20, 2008 this Court approved counsel’s request to engage the services of Dr. Robert Johnson as defendant’s expert criminologist at a rate not to exceed $5000.00 for work on the defendant’s case. Order attached as “Exhibit I.”

5. On December 17, 2008, Dr. Johnson sent his bill to counsel. The bill totals $400.00. Invoice attached as “Exhibit 2.”

6. Conflict counsel are appointed by the Court to defendants who qualify for representation by the Public Defender’s Office because of their indigency but whom the Public Defender’s Office cannot represent given a conflict of interest.

7. As of the date of this Petition, the undersigned is aware of no substantial change in the defendant’s financial condition since the court appointment of counsel. The defendant is unable to pay the fees and costs associated with the expert criminologist from his own funds.

8. The engagement of Dr. Johnson was essential to a fair trial and to the defendant’s right to effective assistance of counsel and due process and equal protection of law as guaranteed by the United States and Pennsylvania Constitutions.

WHEREFORE, the defendant respecifully requests that this Honorable Court enter an Order directing that the Luzerne County Controller approve payment of the Invoice attached in the amount of $400.00 and directing the Luzerne County Treasurer to issue a check payable to “Robert Johnson, Ph.D.” in the amount of $400.00 as payment in full of the attached invoice.

Respectfully Submitted,

Conflict Counsel for Defendant