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By DAVID WEISS dweiss@leader.net
Thursday, March 06, 2003 Page: 3A
WILKES-BARRE – Prosecutors again failed to turn over in a timely fashion
all material related to testing certain evidence in Henry Christopher Stubbs
III’s double homicide case, an attorney and judge said.
The slip-up was the latest in what defense attorney Al Flora called a
“pattern” of violations by prosecutors.
It led Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr.
to again question the preparedness of District Attorney David Lupas’
prosecution team.
The judge also appeared unconvinced with evidence prosecutors produced
during a hearing Wednesday, which could lead to a dismissal of certain fiber
evidence in the case.
“Why is it so difficult for the commonwealth in this case to produce
(documents)?” Olszewski said. “(It’s) not rocket science.”
The parties met Wednesday to resume a hearing related to testing done on
fiber evidence in the case.
Defense attorneys Flora and Shelley Centini are challenging the
admissibility of expert testimony about the fibers. The hearing was to
determine whether investigators used proper protocols in testing the evidence.
The hearing began last week, but was postponed after Flora and Olszewski
discovered prosecutors failed to turn over an entire protocol state police use
in testing evidence, as required.
That led to Olszewski to question the preparedness of Lupas and the
prosecution team.
Wednesday was close to a repeat.
Flora told Olszewski he received additional notes Wednesday morning
regarding the tests.
Those notes should have been provided in December and the delay prohibited
Flora from having his expert witness review the notes.
Prosecutors said they previously gave Flora notes and believed they were
all that was required. But the additional notes were later discovered.
The explanation did not sit well with Olszewski, who told prosecutors they
should ask for documents from the various investigating police agencies,
review them, digest the information and ask questions to make sure all of the
required documents are provided.
The judge told Assistant District Attorney Tim Doherty the mistakes have
been common throughout the Stubbs case.
“I’ve never seen it before. And I don’t understand it,” Olszewski said.
“When are the problems going to end? Every time we come into the courtroom we
have a problem. And they seem to be self-created.”
Olszewski went on with the hearing, allowing Flora an opportunity to have
another hearing, if necessary, based on the additional notes.
Witnesses for prosecutors said the practices used by the state police in
analyzing fiber are accepted among the scientific community.
But Flora later said prosecutors failed to prove why the evidence should be
allowed at trial. He said prosecutors never established what type of fiber was
tested, what the results of the test were, or how they were compared.
Lupas said that did not have to be discussed at this hearing and it would
be addressed at the trial.
Olszewski will rule at a late date.