Okaaaaay, so I'm late in posting this. Sorry! I've failed you!!! Anyway, of course he was gonna appeal. Even though some of you may have already read this, I wanted to post this article so you could read the defense's logical, sane, sound reasoning behind the appeal to the PA Supreme Court's unfounded, illogical, nonsensical and unreasonable overturning of the escape charges being thrown out. Like my play on words???

TNT DISCLAIMER: The following article is property of the cited newspaper and/or author. I did not write it nor do not make any claims to have written it. Read at your own risk!

Hugo wants high court to decide if he’ll be tried for escape
BY JAMES CONMY, CITIZENS VOICE STAFF WRITER
02/22/2007

Hugo Selenski wants the entire Pennsylvania Superior Court to determine whether he can be tried on charges stemming from his daring 2003 escape from the Luzerne County Correctional Facility.

A three-judge Superior Court panel ruled earlier this month Luzerne County Judge Peter Paul Olszewski Jr. misconstrued a legal requirement in February 2006 when he threw out escape charges against Selenski. The central issue is whether the proper documents were filed to legally bind the escape charges to two murder charges for trial purposes. Selenski eventually was cleared of the murders of Frank James and Adeiye Keiler last March.

If Selenski’s latest request is granted, a larger panel of Superior Court justices would hear arguments in the case and could reaffirm the ruling reinstating the charges or reverse that decision and uphold Olszewski’s original decision. Should the Superior Court decline Selenski’s request, he would then have to appeal to the Pennsylvania Supreme Court or federal court, or stand county trial on charges of escape and instruments of escape. If convicted, Selenski faces a maximum of 12 years in prison.

Luzerne County District Attorney David Lupas maintains the charges were joined at the preliminary hearing and, furthermore, all legal documents in the case included both cases numbers — essentially binding the escape and murder charges for trial purposes.

“I anticipated (Selenski’s attorneys) would ask for a further appeal,” Lupas said Wednesday. “Again, we feel the Superior Court opinion was correct and we’re hopeful it won’t be disturbed by any further appellate review. We’ll file a response and it will be up to the (Superior) court if they want to hear (Selenski’s appeal) or not.”

Attorney Mike Senape, Selenski’s lead counsel on the escape charges, is asking the entire Superior Court to reconsider the case for four reasons:

¦ The charges were not joined at the preliminary hearing level because arguments were held for the homicide charges, but not the escape charges. Selenski waived his right to a preliminary hearing on the escape and was never notified the district attorney’s office intended to try the cases together.

¦ The lack of a proper consolidation denied Selenski a right to argue whether the cases could be legally joined for trial purposes.

¦ The state Superior Court “overlooked and/or misapprehended” that Selenski and his counsel “assumed” the cases had been legally connected. Former Selenski attorney Demetrius Fannick never filed paperwork that indicate the cases had been joined.

¦ The district attorney’s office, by its own admission, did not file its policies and procedures for joining the cases.

jconmy@citizensvoice.com ©The Citizens Voice 2007

Duuuuuuuuuuuuuuude (that's my word, ha ha!!), the DA's office, bumbling as it is, ADMITTED they dropped the ball! Um, I'm sorry, if you know me you know how I usually stand but an escape should be an open and shut case!! But when you screw up, don't cross your t's, dot your i's, file your paperwork, properly consolidate your cases, keep sealed documents from being opened, and bring defendants to trial in a speedy and reasonable manner, etc. etc. etc., it's nothing but a big loss for you. I guess the Supreme Court is just trying to help you save face; perfect timing, since May is two months away for two people... Tsk, tsk, tsk.

Although, I thought one race was cut and dry for who I would vote for but after catching up on my current events and seeing the utterly tangled web and who else is involved, DAAAAAMN!!! Makes me wonder if someone has another ulterior motive for wanting someone elected... Ugh, sick to my stomach, one thing after another...

Or maybe I just need some sleep????