Frederick Balester walks at the Luzerne County Courthouse on March 14.
Times Leader file photo
WILKES-BARRE — Luzerne County Court of Common Pleas Judge Michael T. Vough on Friday denied a request to dismiss a criminal homicide charge against Frederick Balester following a Habeas proceeding earlier this week.
Frederick Balester’s attorneys, Theron J. Solomon and Nicole M. Psaila, sought to have the homicide case discharged, citing a lack of evidence and questionable investigative “wild theories,” related to an inoperable Taser and DNA found inside a latex glove.
Frederick Balester, 69, of Hanover Township, was charged by the Pennsylvania State Police at Wilkes-Barre in January for the fatal stabbing of his cousin, Jonathan Balester, 56, inside the victim’s Kingston Township residence on May 26, 2011.
Investigators allege Jonathan Balester was killed because he was a holdout on selling the family business, Balester Optical.
Frederick Balester was charged with allegations that he used a Taser to stun Jonathan Balester while stabbing him with a sharp instrument that has not been recovered. An autopsy revealed Jonathan Balester sustained 17 stab wounds.
After Jonathan Balester’s body was discovered during a welfare check when he missed a business shareholder meeting, investigators found three latex gloves inside his house. One of the gloves contained the DNA of a third person.
Solomon and Psaila, on April 13, filed a Habeas petition seeking to dismiss the homicide charge against Frederick Balester, citing “wild theories” and the latex glove with the DNA, suggesting an unknown person was inside Jonathan Balester’s house at the time he was killed.
Following the filing of the Habeas petition by Solomon and Psaila, state police on May 7, 2026, arrested and charged Thomas Hunter, 64, of Hanover Township, for his alleged role in the Jonathan Balester killing.
During the Habeas proceeding held on Wednesday, Assistant District Attorneys Jillian Matthews and Gerry Scott had Hunter testify as he claimed he was present inside the home when Frederick Balester allegedly stabbed Jonathan Balester.
Prior to entering the home, Hunter testified that Frederick Balester gave him latex gloves to wear and told Jonathan Balester they were for pulling weeds.
Hunter testified he removed the latex gloves and tossed them on a kitchen counter.
Trooper Caroline Rayeski testified during Wednesday’s hearing that DNA from the latex glove matched the profile of Hunter.
In his ruling filed Friday morning, Vough found Matthews and Scott established sufficient evidence during the Habeas proceeding to proceed with the criminal homicide case against Frederick Balester.
“Upon review of the testimony presented at the hearing held on July 15, 2026, it is evident that (prosecutors) established a prima facia case against (Frederick Balester) on the charge of criminal homicide. Although some hearsay evidence was presented, there was also non-hearsay evidence presented on behalf of the prosecutors by Thomas Hunter.” Vough ruled.
Hunter is scheduled for a preliminary hearing on charges of criminal homicide and criminal conspiracy on July 31.
Frederick Balester’s next court appearance is a pre-trial conference scheduled on July 22.
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