Last updated: February 16. 2013 2:12PM - 1135 Views

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WILKES-BARRE ‚?? An appeal of a judge‚??s rulings made last week in the double-murder case against Hugo Selenski could delay the scheduled Sept. 10 start of a trial.

Selenski‚??s attorneys, Shelley Centini and Edward Rymsza, filed the one-page appeal to the state Superior Court on Tuesday.

The appeal applies to rulings Judge Fred Pierantoni made on Aug. 3, including that prosecutors may continue seeking the death penalty and charges against Selenski would not be dismissed.

Selenski, 38, is facing a potential death penalty if convicted in the deaths of Tammy Fassett and Michael Kerkowski, both of whom were 37 when they died. Investigators allege Selenski killed Fassett and Kerkowski on May 3, 2002. Their bodies were unearthed on the property where Selenski lived in Kingston Township in June 2003.

It is possible the appeal might delay the Sept. 10 trial based on the history of the case. The high court must hear arguments and make a ruling, which is likely to exceed the September trial date.

Centini and Rymsza will be required to file reasons for their appeal in the next few days.

Pierantoni on Tuesday signed an order returning several items of evidence to Selenski, including a Penn State baseball hat, birth certificate and a baby picture of Selenski.

Last week, Pierantoni denied a number of requests made by Selenski‚??s attorneys, including to dismiss the charges based on the lack of timely prosecution.

The attorneys had said the charges should be thrown out because more than six years have passed since they were filed and prosecutors have not shown or established enough proof to bring a capital case against Selenski.

Pierantoni granted the defense‚??s request to not admit some photos at the trial and to prevent prosecutors from mentioning the discovery of other skeletal remains, other than Kerkowski‚??s and Fassett‚??s, allegedly found on property where Selenski lived.

Sheena Delazio, a Times Leader staff writer, may be reached at 829-7235.

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