New judge to hear Banks case

The state Supreme Court on Wednesday directed Luzerne County President Judge Thomas Burke to reassign the competency hearing for convicted mass murderer George Banks to a new county judge in hopes of speeding up resolution of the decades-old case.

In a tersely-worded order, the high court also took defense attorneys to task for filing multiple motions – based on minute differences in the interpretation of the law - that it says have only served to further delay the case.

The court contends the defense has “piecemealed” the motions, which dealt with the manner in which the state’s mental health evaluations should occur. The court notes it has twice ruled upon the “serial objections” raised by the defense to that issue, thus any further challenged to the evaluations “is deemed defaulted.”

Banks was sentenced to death for killing 13 people in a shooting rampage in Wilkes-Barre and Jenkins Township in September, 1982. He was scheduled to be executed in October 2004, but the execution was stayed pending resolution of a hearing to determine whether he is mentally competent to understand the reason for his execution.

Former Luzerne County Judge Michael Conahan held a hearing in 2006 and ruled Banks was not competent. That ruling was later overturned by the state Supreme Court, which ruled Conahan had wrongly precluded experts for the prosecution from testifying.

The court ordered a second competency hearing, which was held in August 2008. Conahan again deemed Banks incompetent. That ruling was also overturned, however, based on the fact Conahan had simply signed his name to a document prepared by defense counsel, rather than writing his own opinion.

In an Aug. 27 2009 order, the Supreme Court again remanded the case to county court for a third competency hearing with the direction the hearing be held as expeditiously as possible.

Former President Judge Chester Muroski then assigned the case to Senior Judge Charles Brown, who was assisting in handling cases due to the loss of several county judges.

In its order issued Wednesday, the Supreme Court notes the county bench has since gained three judges. Given that, the court says it is appropriate that the case should be reassigned to a full-time judge, rather than a senior judge. It directed Burke to make that assignment.

The court further notes any other motion, either by the defense or prosecution, that would delay resolution of the matter should not be considered grounds for staying the hearing.

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Luzerne County Government

County bench ordered to reassign competency hearing to speed up case of convicted mass murderer.

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