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June 25, 2007

Judge to mull testimony in Selenski/Weakley case

By DAVID WEISS dweiss@timesleader.com

WILKES-BARRE – Attorneys for homicide suspects Hugo Selenski and Paul Weakley said they have a host of new inquiries they need to pose on a key witness.

But because that witness, the father of slain pharmacist Michael Kerkowski, has died, the attorneys have no way of getting answers to those questions.

That, they said, is enough reason to stop prosecutors from using the elder Kerkowski’s testimony from a past hearing at the upcoming homicide trial for the duo.

But prosecutors said that past hearing gave the attorneys the necessary opportunity to ask those questions. It’s the attorneys’ faults for not asking them, First Assistant District Attorney Jackie Musto Carroll said Friday.

“If they sit there and they don’t open their mouth, it doesn’t matter,” she said. “(They) were given the opportunity.”

And because they had that opportunity, it means the past testimony can be used at the suspects’ homicide trial, she said.

Court of Common Pleas Judge Chester Muroski said on Friday he could decide within two weeks whether prosecutors can present a transcript of that testimony to the jury selected to hear the case.

For more details read tomorrow’s Times Leader.

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