11:28 AMUpdate: The Citizen's Voice version of events. Apparantly, Bufalino told Melnick about the conflict in June. Hmmm, WHEN in June? June 1? June 30? Did they know about this for only one week, or five?
Lawyers removed from Cuadra, Kerekes case
Edward Lewis
elewis@timesleader.com
WILKES-BARRE - Two defense attorneys involved in the capital murder trial against Joseph Kerekes and Harlow Cuadra
were removed from the trial citing a conflict of interest.
Attorney Mark Bufalino, one of three lawyers representing Kerekes, and Attorney Paul Galante, one of three lawyers representing Cuadra, are employed privately by the same law firm.
Bufalino and Galante separately submitted requests to withdraw from their roles in the case.
Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. granted their request.
"I concur that there is a conflict," Olszewski said.
The conflict issue was raised during a pre-trial hearing on Tuesday afternoon.
Olszewski suspended Tuesday's hearing to allow the attorneys and prosecutors to research the ethics and legal
ramifications of the conflict.
Attorneys met with Olszewski Wednesday morning, and held a phone conference with ethics lawyer Robert Davis.
Luzerne County Assistant District Attorney Michael Melnick explained Davis stated there would be a conflict regarding loyalty and confidentiality to their clients.
Olszewski said he is "disappointed" that the conflict issue wasn't brought to his attention in June, when Bufalino and Melnick spoke about the potential problem.
Olszewski suspended the hearing to allow the remaining lawyers, John Pike and Shelley Centini, to meet with Kerekes, and Steven Menn and Michael Senape, to meet with Cuadra.
Melnick said he expects to call three witnesses to testify. Olszewski will make a ruling later today if the hearing will continue or reschedule the pre-trial hearing at a later date.
Check back for details as they become available.
Update 2: Via PC, the hearing has been delayed for three weeks, while two new replacement lawyers are sought. No witnesses were called.Times Leader and Citizen's Voice confirms.
According to the Times Leader:
Melnick said 12 witnesses were flown in from across the country for the pre-trial hearing.The CV adds:
The district attorney's office is footing the bill for airfare, lodging and meal expenses for the witnesses.
Despite the delay Olszewski said he wants to maintain the Sept. 2 trial start date.
4 comments:
the saga drags out longer... again :(
Poor PC I think he is the only blogger who showed up.
I think they will hold firm to Sept 2nd for trial unless he agrees to change of venue (doubtful)
The only thing they will change is probably the out of area jury.
Blogger Gluttony said...
The only thing they will change is probably the out of area jury.
Good idea actually costs a lot less than a change of venue, its becoming more common in Cali as well.
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