Olszewski Says He Will Make Decision on Testimony Only If Witness Takes the Stand.

By David Weiss, Wilkes-Barre, Pa., Times Leader

Feb. 18–WILKES-BARRE — Whether a former inmate can testify he heard Hugo Selenski say police should find five bodies on his property won’t be determined until the inmate takes the stand, a judge said.

Luzerne County prosecutors had filed court papers asking a judge to give Brett Frey permission to tell a jury about the comment he claims to have heard in the Luzerne County Correctional Facility.

Prosecutors said Frey heard Selenski make the remark to other inmates who were commenting on the discovery of two bodies at Selenski’s Kingston Township home in June 2003.

During the conversation, Frey said he heard Selenski say: "I’m surprised they didn’t find at least five."

Investigators later found the skeletal remains of at least three more people, but maybe as many as 10 people. The bones were chipped into thousands of very small pieces.

The Frey issue was one of several debated before Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. on Friday.

The judge said it would be appropriate for him to rule on the issue only if Frey testifies.

Should Frey be called as a witness, Assistant District Attorney James McMonagle said he would first give a statement of the expected testimony. Then Selenski’s attorneys could make any objections to the expected testimony.

Olszewski on Friday also heard arguments about a number of other issues, including the admissibility of all the bones found at Selenski’s property. He did not immediately rule on that issue.

Selenski’s attorney, Demetrius Fannick, said the bones should be kept out of trial because investigators cannot say if any of them belong to the two victims in the homicide case.

Prosecutors have said the bones can be the remains of at least three people and up to as many as 10 people.

That, Fannick implied, could create a prejudice toward Selenski because the jury could infer Selenski is responsible for more homicides than he is charged.

"How could you be more prejudicial than that?" Fannick said.

McMonagle said the bones should be used at trial because they add weight to an eyewitness’ testimony.

Patrick Russin is expected to testify Selenski used a shotgun to kill two black men at his home in May 2003 before burning their bodies and putting the chipped bones in garbage bags.

The bones, McMonagle said, will back up that story because some of the bones are believed to be from black individuals and found burned and destroyed in garbage bags.

McMonagle said he doesn’t need to tell the jury the remains could be of 10 people. He just needs to tell the jury there are enough bones to be from two people.

Olszewski also will decide on other issues, including whether:

– Russin can be questioned about being hospitalized for a mental health issue;

– A statement Selenski made to a state trooper about finding five bodies on the property can be used only if Selenski testifies;

– Prosecutors can use an FBI report to show that metal fragments found at the Selenski property were a match to the metal in shotgun shells;

– Selenski’s ex-girlfriend Tina Strom and other witnesses can testify about Selenski’s drug use at the time of the homicides. Fannick seemed a bit surprised prosecutors would raise the issue because intoxication could cause a jury to lower a first-degree murder conviction to a third-degree murder conviction.

Prosecutors are seeking the death penalty and need a first-degree murder conviction to have a chance in obtaining it.

Jury selection is set to begin 9 a.m. Tuesday.

David Weiss, a Times Leader staff writer, may be reached at 831-7397

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