Judge orders immediate deletion of online fundraiser
Luzerne County Court of Common Pleas Judge Michael T. Vough ordered the immediate deletion of an online social media campaign seeking funds for homicide suspect Frederick Balester, and for his family to stop disseminating flyers seeking funds.
Jonathan Balester (left) and Frederick Balester
Luzerne County Court of Common Pleas Judge Michael T. Vough reluctantly postponed the homicide trial of Frederick Balester due to what prosecutors argued was an intentional delay by defense attorneys to turn over a report by a defense expert.
Also, Vough further ordered the deletion of an online fundraising campaign for Frederick Balester and ordered his family to stop passing out flyers soliciting funds to pay for his defense.
Vough made the rulings following a testy proceeding Thursday morning based on an omnibus pretrial motion filed by Frederick Balester’s attorneys, Theron J. Solomon and Nicole M. Psaila, of the Dyller & Solomon law firm in Wilkes-Barre.
Solomon and Psaila argued to prevent Frederick Balester’s wife, Nancy Balester, from testifying against her husband because their client did not waive the state’s marital privilege doctrine, and to exclude or limit the testimony of now-retired forensic pathologist Dr. Gary Ross.
The Pennsylvania State Police at Wilkes-Barre, Troop P, charged Frederick Balester, 70, with fatally stabbing his cousin, Jonathan Balester, 56, in a dispute about selling the family business, Balester Optical, in May 2011. Frederick Balester, of Constitution Avenue, Hanover Township, was charged with criminal homicide in January 2026, based on Ross’ amended autopsy findings in April 2025, that a stun gun was used on Jonathan Balester.
Countering Solomon and Psaila’s efforts to quash a prosecution subpoena for Nancy Balester and to exclude or limit Ross’ testimony, Assistant District Attorney Jill Matthews strongly argued that Frederick Balester had spoken to his wife about Jonathan Balester’s death, and any marital privilege was voided due to Nancy Balester being accompanied by a friend when she was questioned by state police investigators.
As for Ross’ amended autopsy findings regarding a stun gun used on Jonathan Balester, Matthews advocated that Ross has been recognized and accepted in court as a medical expert, and had previously testified that two suspected burn marks on Jonathan Balester were likely caused by the prongs of a stun gun.
Solomon and Psaila say a stun gun recovered during a search of Frederick Balester’s residence was inoperable, and Ross was “fed” information from a former prosecutor that involved a picture of what stun gun burns look like on human skin.
Solomon and Psaila further argued that no DNA was recovered from the stun gun.
Vough was forced to postpone Frederick Balester’s trial when Matthews said she had not been given an expert report from Solomon and Psaila and would need the defense report reviewed by a prosecution expert. Matthews said there would be no time for her expert to review the defense report before the trial, which was scheduled to begin Friday with jury selection.
Vough rescheduled Frederick Balester’s trial to early December 2026.
Near the end of Thursday’s proceeding, Matthews complained of Frederick Balester’s family of passing out flyers in mailboxes and starting an online fundraising campaign seeking monetary donations to pay for his defense. Matthews believed the flyers and online campaign would “taint the jury pool.”
With a court-imposed gag order on prosecutors and Frederick Balester’s attorneys from speaking publicly about the case, Vough said he is limited to what family members do or say.
However, Vough ordered the immediate deletion of the online fundraiser and ordered Frederick Balester’s family to stop passing out flyers.
Solomon said as soon as he found out about the fundraiser efforts earlier this week, he told Frederick Balester’s family to stop.
“I will not move this trial again. Get all your ducks in a row,” Vough said as the proceeding ended.
Vough said he would make a ruling on the subpoena for Nancy Balester and the testimony of Ross at a later date.
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