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WILKES-BARRE — Despite prosecutors producing no witnesses Friday, Luzerne County Judge William H. Amesbury said he will issue a decision next week if 16-year-old Mercedes Hall will face criminal homicide charges in county court.
Amesbury was specially appointed by President Judge Richard M. Hughes III to preside over the second preliminary hearing for Hall, of Kingston, when prosecutors on June 7 re-filed homicide and other charges against her.
Prosecutors were successful in replacing District Judge James Haggerty on hearing the case, claiming the district judge based in Kingston made improper statements and prejudged the case before the first preliminary hearing.
Haggerty dismissed criminal homicide, criminal conspiracy to commit homicide, unauthorized use of a vehicle, robbery and criminal conspiracy to commit robbery against Hall after the June 7 preliminary hearing, while forwarding two counts each of theft and criminal conspiracy to commit theft and a single count of tampering with evidence to county court.
Haggerty forwarded criminal homicide and other charges against three other people, Gabriella Elizabeth Long, 17, Christopher Brian Cortez, 19, and Devin Malik Cunningham, 20, to county court.
State police allege the four conspired to kill Long’s grandfather, Joseph Monka, 71, whose body was found inside his residence on Arch Street, Edwardsville, on April 17. Investigators believe Monka was killed April 15 when the four stole nearly $30,000 from a safe in his home.
Prosecutors withdrew the entire case against Hall and later re-filed all of the charges against her, setting up the second preliminary hearing before Amesbury.
Assistant district attorneys Jarrett Ferentino, Brittany Quinn, Matthew T. Muckler and Gerry Scott submitted the transcript from the first preliminary hearing and a detailed narrative as their only evidence on Friday.
Attorney Lawrence Kansky who, along with Attorney Joanna B. Smith are defending Hall, attempted to argue Amesbury should dismiss the case based on Haggerty’s earlier ruling.
“I have all the respect in the world for the magistrate, but I don’t know if my decision will be the same. I haven’t read any of it,” Amesbury said noting it is possible two judges can have different rulings.
Amesbury said he will issue a decision at 1 p.m. Tuesday.