Last updated: May 06. 2013 11:56PM - 5113 Views

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WILKES-BARRE — Prosecutors in the case of Hugo Selenski, accused in a 2002 double murder, said in court papers filed Monday that they have not engaged in any misconduct in the case, as alleged by Selenski’s attorneys.

In December, attorneys for Selenski filed court papers alleging misconduct when prosecutors obtained Selenski’s medical records this past summer.

Selenski, 39, of Kingston Township, is awaiting trial in the May 2002 deaths of Michael Kerkowski and Tammy Fassett, both 38. Their bodies were unearthed from the property where Selenski was living in June 2003. A trial is scheduled for June 24.

Attorneys Shelley Centini and Edward Rymsza in papers filed in Luzerne County Court called the conduct “illegal” and asked a judge to impose a number of sanctions against prosecutors, including a $1,000 daily fine.

Centini and Rymsza said in their filing that prosecutors obtained medical and psychiatric records of Selenski, even though at no time during the course of the case has Selenski made either his mental or physical health an issue.

Prosecutors said Monday that they obtained the records in preparation for the trial, they are secured and no prosecutor has seen them.

“The commonwealth is not required to remain unprepared in the event defense decides to raise a mental-health issue at the eleventh hour,” prosecutors wrote.

A hearing on the issue is scheduled for next week before county Judge Fred Pierantoni.

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