Click here to subscribe today or Login.
By DAVID WEISS dweiss@leader.net
Thursday, March 13, 2003 Page: 3A
WILKES-BARRE – Luzerne County prosecutors on Wednesday listed two reasons
why Larry Tooley should be put to death if he found guilty of the killing of a
teenager in November.
District Attorney David Lupas and two assistant district attorneys filed
notice that prosecutors will seek the death penalty against Tooley, who is
charged with first-and second-degree murder, robbery, criminal conspiracy and
other charges.
The filing also came an hour before attorneys for Tooley filed a request to
have the robbery and criminal conspiracy charges dismissed, claiming
prosecutors did not present enough evidence at a preliminary hearing.
Tooley, 46, and Tina Young, 33, were charged in the Nov. 8 shooting death
of 16-year-old Casey Zalenski inside his Demunds Road home in Franklin
Township. Police said the two broke into Zalenski’s home searching for money
for drugs.
Young, who had been a baby sitter for Zalenski and his brothers, is charged
with second-degree murder and other charges. Prosecutors can seek the death
penalty only on a first-degree murder charge.
In court papers filed Wednesday, prosecutors say they are seeking the death
penalty because Tooley committed a killing during a felony and because he has
a significant history of felony convictions.
Later Wednesday, Tooley’s attorneys filed a request to dismiss the robbery
and conspiracy charges based on the preliminary hearing. The attorneys say
“no competent” evidence was presented during a preliminary hearing before
District Justice James Tupper of Trucksville to send the robbery charge to
county court.
Also, Tupper’s decision to dismiss a theft charge at the hearing means the
robbery charge also should have been dismissed because theft is a necessary
element of robbery, the attorneys said.
The attorneys also said testimony did not show a conspiracy between Tooley
and Young.
Court of Common Pleas Judge Peter Paul Olszewski Jr., who will preside over
the case, will rule on the request at a later date.
David Weiss, a Times Leader staff writer, can be reached at 831-7397.