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Wednesday, March 12, 2003 Page: 5A
WILKES-BARRE
Stubbs lawyer asks
to forestall hearing
An attorney for Henry Christopher Stubbs III wants a county judge to
reconsider a ruling that allows prosecutors to produce more testimony about
how certain evidence in the double-homicide case was tested.
Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. last
week said he will not rule whether expert testimony about fiber evidence
against Stubbs could be used at his trial until another hearing is held.
The judge made the decision after a hearing last week to determine whether
investigators used proper protocols in testing the evidence. Defense attorneys
Al Flora and Shelley Centini are challenging the admissibility of expert
testimony about the fibers.
At last week’s hearing, Flora 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 would be addressed at the trial.
But Olszewski seemed unmoved by the testimony of prosecution witnesses, and
Lupas later asked for a chance to produce more testimony in the matter.
Olszewski granted prosecutors another hearing to produce more evidence.
Flora, in a request filed Tuesday, said prosecutors should not be given
another hearing.
Prosecutors are seeking the death penalty against Stubbs in the December
2001 deaths of Elena Herring and her 6-year-old daughter.
WILKES-BARRE
Man pleads guilty
to burning scheme
Mircea Bircea, 21, of West Maple Street in Hazleton, pleaded guilty Tuesday
to helping light a vehicle on fire for the owner to collect insurance money.
Police said Bircea agreed to receive a compact disc player for his role in
burning another man’s vehicle in May in Hazle Township.
Luzerne County Court of Common Pleas Senior Judge Gifford Cappellini will
sentence Bircea at 9:30 a.m. April 14.
WILKES-BARRE
Man found guilty
on some of charges
A Luzerne County jury early Tuesday evening found Thomas Barletta of
Hazleton guilty and not guilty on several charges stemming from an incident
with a 15-year-old girl.
The jury found Barletta not guilty of burglary, criminal trespass,
terroristic threats, open lewdness and criminal mischief. He was found guilty
on charges of driving under the influence and an additional count of criminal
mischief.
Police said Barletta went to the girl’s residence in the Harwood section of
Hazle Township at about 10 p.m. April 3 after the girl had told him she was
home alone. She had told him not to come over during several phone
conversations throughout the night.
Police said Barletta repeatedly told the girl he was going to smoke
marijuana with her and rape her.
Upon showing up at the house, he tried to enter through the back door but
failed. Barletta then called the girl again and said he was coming inside to
rape her, police said. He threw a lawn ornament through a dining room window
but was restrained by the victim’s uncle as he climbed through the window,
police said. He was arrested moments later.
Luzerne County Court of Common Pleas Judge Patrick Toole will sentence
Barletta at 8:30 a.m. May 22.
Assistant District Attorney Nancy Violi prosecuted the case. Attorney Lewis
Bott defended Barletta.