Jonathan Balester (left) and Frederick Balester
WILKES-BARRE — Homicide suspect Frederick Balester is seeking to dismiss a subpoena issued by prosecutors for his wife and to exclude testimony related to alleged burn marks from a Taser and cellphone tracking.
Frederick Balester faces homicide allegations that he fatally stabbed his cousin, Jonathan Balester, in a dispute about selling the family’s optical business in 2011. With jury selection for the homicide trial scheduled for Friday, Luzerne County Court of Common Pleas Judge Michael T. Vough scheduled a motion hearing for Thursday.
One item that Vough may address during Thursday’s proceeding is the timing of an omnibus pretrial motion filed by Frederick Balester’s attorneys, Theron J. Solomon and Nicole P. Psaila, of the Dyller & Solomon law firm in Wilkes-Barre.
Typically, an omnibus pretrial motion includes multiple requests such as for evidence suppression, dismissal of all or some criminal charges, and limits on testimony. The filing of an omnibus pretrial motion usually takes place soon after a defendant is formally charged before a Court of Common Pleas judge.
In Frederick Balester’s case, Solomon and Psaila filed their omnibus pretrial motion on Wednesday, two days before jury selection is scheduled to begin and five days before the start of his homicide trial.
In their request, Solomon and Psaila are seeking to:
• Quash a subpoena that prosecutors issued for Frederick Balester’s wife, Nancy Balester.
• Exclude the testimony of now-retired forensic pathologist Dr. Gary Ross regarding the use of a Taser during the homicide.
• Exclude the testimony of Pennsylvania State Police Cpl. Andrew Morgantini regarding cellular phone tracking data.
State police investigators in court records allege Frederick Balester, 70, fatally stabbed Jonathan Balester, 56, inside the victim’s Kingston Township home in a dispute about selling the family business, Balester Optical. Jonathan Balester was found dead during a welfare check after he missed a company shareholder meeting on May 26, 2011, court records say.
An autopsy by Dr. Ross revealed Jonathan Balester suffered 17 stab wounds, mostly to his back.
Frederick Balester was charged with criminal homicide in January 2026, after Dr. Ross was asked by now-retired Deputy District Attorney Daniel Zola in April 2025 to review autopsy photos and give a medical opinion on whether two burn marks on Jonathan Balester’s shoulder could have been caused by a Taser.
In their omnibus pretrial motion, Solomon and Psaila claim Zola “fed” Dr. Ross the theory that Jonathan Balester was stunned by a Taser.
An inoperable Taser was recovered during a search of Frederick Balester’s home on Constitution Avenue, Hanover Township, in November 2011, six months after Jonathan Balester was killed. Solomon and Psaila say no DNA was recovered from the Taser.
Thomas Joseph Hunter, 64, of Auman Lane, Hanover Township, who was deemed a material witness in the case after prosecutors withdrew criminal homicide charges against him, previously testified that he accompanied Frederick Balester and saw Frederick attack Jonathan Balester and stun him with a Taser.
Hunter is expected to testify during Frederick Balester’s trial.
In their omnibus pretrial motion, Solomon and Psaila called Hunter a “known and proven perjurer,” and his testimony should not be used to support Dr. Ross’ opinion that two burn marks on Jonathan Balester’s shoulder were caused by a Taser.
Solomon and Psaila further argue that a subpoena given to Nancy Balester should be negated as a request for “marital privilege,” noting that Nancy Balester is not a witness, a co-conspirator, an accomplice or an alleged participant.
Assistant District Attorneys Jill Matthews, Gerry Scott and Julian Truskowski are prosecuting.
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