With Luzerne County taxpayers footing the bill for Hugo Selenski's free legal defense, the accused double-murderer, his lead attorney and a private investigator conspired to intimidate prosecution witnesses and then lied to a grand jury investigating their crimes, according to charges filed Monday.
A scathing grand jury indictment against Selenski, defense attorney Shelley Centini and investigator James Sulima blasts the trio as a "cabal of criminals" who tried to sabotage the prosecution of the accused killer.
They are charged with obstruction of justice, witness intimidation, perjury, theft, conspiracy and various other alleged crimes that prosecutors say were committed to help Selenski beat a double-murder rap and avoid the death penalty.
The indictment describes Selenski as a charismatic "serial killer" who developed "a cult-like following of supporters willing to go to great lengths on his behalf" since a dozen or so bodies were unearthed in his yard in June 2003.
Centini and Sulima are the latest to do the career criminal's bidding, spending taxpayer money to commit crimes on his behalf, the grand jury claimed.
"They stole more than money from the citizens of Luzerne County," the grand jury presentment reads. "They stole the community's faith in the rule of law."
Investigators say Selenski, Centini and Sulima worked in concert to pressure prosecution witnesses in Selenski's capital murder trial, presenting them with handwritten notes from a jailed Selenski that encouraged the witnesses to lie, recant past accusations or simply "shut up."
"The brazen criminal conduct of this group continued through their appearance before the grand jury," the indictment alleged.
The indictment details the grand jury appearances of the accused: When called before the grand jury, Centini dismissed the writings as "harmless" messages from Selenski, but claimed to have "lost" the letters. Prosecutors said she either withheld or destroyed them to avoid prosecution. Sulima claimed to remember little from a meeting he and Centini called with four witnesses at a corner bar in Larksville, where the witnesses read the letters, but were required to hand them back. Selenski downplayed his writings as "greetings," blamed the media for the "aura of intimidation" prosecutors assumed and then threatened a deputy attorney general questioning him.
"We, the grand jury, condemn their conduct, reject their lies and strongly recommend prosecution," the indictment reads.
Centini, 38, of Wilkes-Barre, Selenski's taxpayer-funded lead attorney who was appointed by the court in January 2012, appeared before Magisterial District Judge David Judy in Harrisburg on Monday afternoon to surrender for arraignment on the charges. She was released on $500,000 unsecured bail.
Sulima, 49, a private investigator for Selenski's defense team who was embroiled in a payment dispute with the Luzerne County courts, also was released on $500,000 bail following his arraignment.
Selenski, 40, who is jailed for decades in state prison on robbery charges unrelated to the homicide case, was arraigned separately on Monday morning via video conferencing. His bail was set at $1.5 million.
Centini and Sulima did not return telephone calls Monday night.
When reached by telephone after the arraignment, Centini's attorney Al Flora Jr. blasted the prosecution's case and said Centini will fight the charges.
"At all times, she acted as a zealous advocate on behalf of a defendant in a capital murder case. Her advocacy was consistent with her ethical and professional obligations under the law." Flora said. "This type of prosecution is going to have a chilling effect upon all defense lawyers in the performance of their duties, particularly when it comes to representing capital defendants in high profile cases."
Sulima's attorney William Ruzzo did not return a telephone call.
Selenski is charged in the 2002 killings of pharmacist Michael Kerkowski and Kerkowski's girlfriend, Tammy Fassett, whose bodies were found buried in the yard of Selenski's Kingston Township home in June 2003. Selenski was charged with those killings on March 15, 2006 - minutes after being cleared of an unrelated set of homicide charges in Luzerne County Court.
Selenski's much anticipated trial, off-and-on for years due to various unexpected twists and turns and appeals, now appears headed for another delay as prosecutors Monday filed motions demanding Centini and Sulima be removed from Selenski's legal team. Trial was most recently slated to begin on March 3.
Selenski's other attorney, Edward Rymsza, did not return a telephone call Tuesday.
Representatives of the Luzerne County District Attorney's Office declined comment, citing a gag order in place.
During a court appearance in November, the always talkative Selenski seemed baffled when a reporter asked if Centini would be dismissed from his case due to pending legal troubles of her own.
"Why would she be removed?" Selenski asked. "That's just what it is - speculation. Don't believe everything you hear."
As of Monday, Centini had not been sanctioned by The Disciplinary Board of The Supreme Court of Pennsylvania.
"She continues to operate as a lawyer. She continues to have clients," Flora said. "She is doing so because she is entitled to the presumption of innocence."
Centini, a 'co-conspirator'
The grand jury claimed Centini's conduct reflects "a win-at-any-cost mentality unbecoming an officer of the court" and that her "model of legal practice is synonymous with unethical and criminal conduct."
According to the grand jury, when Centini added Sulima to work for the Selenski case, a former defense investigator left the defense team. The man, identified only as Investigator 1, "was concerned that their way of doing business would likely be at odds with ethics and the law," the grand jury wrote.
In addition to the barroom meeting with four witnesses, Centini also met with two other witnesses. Centini told "Witness 5" that Selenski was "mad" she refused to testify the way he wanted her to, investigators claim. Centini then provided money, through an associate of "Witness 5," to the witness to pay rent on multiple occasions, the grand jury claims.
Another witness Centini met with was inmate Michael Scerbo, identified in court documents as "Witness 6." Scerbo, who was once jailed with Selenski at State Correctional Institution at Retreat, has pleaded guilty to offering $1,000 to an undercover state trooper posing as a "hit man" to murder Paul Weakley, Selenski's co-defendant in the murder case who prosecutors counted on as the key witness. Centini "circumvented his attorney" and coaxed Scerbo into signing an affidavit about his responsibility to "insulate Selenski from prosecution," the indictment alleges. Scerbo's sentencing has been postponed due to the grand jury probe.
Centini never advised any of the witnesses of their right to refuse to speak with her or consult their own attorneys, the grand jury said. The grand jury indicates Centini crossed the line, becoming an advocate and co-conspirator for criminally minded Selenski, much in part due to her strong opposition to the death penalty Selenski was facing, if convicted.
"There is no doubt that Centini's desire to further her career, prevail at Selenski's trial and undo Pennsylvania's death penalty law made her extremely invested in the Selenski case," the grand jury presentment says.
Grand jury: Centini and Sulima stole
The grand jury alleges Centini and Sulima made money while committing crimes on Selenski's behalf.
"Centini and Sulima engaged in this criminal conduct while being paid by the citizens of the County of Luzerne to represent Selenski," the grand jury indictment says.
They deceived the public out of roughly $50,000, the grand jury said, "by creating and maintaining false impression as to the legality of their conduct."
Long before Monday's charges, Centini and Sulima have been battling Luzerne County court officials over funding. In April 2013, Centini threatened to withdraw as Selenski's attorney, saying she hadn't been paid in months, but an undisclosed resolution was reached. Earlier this month, she filed court documents on behalf of Sulima, who claimed he has not been paid more than $10,000 he is owed for work he did on Selenski's behalf and that he refuses to continue working on the case unless a judge authorizes payment
Information about payments to Selenski's defense team has been sealed by court order to prevent revealing defense strategies, court officials have said. However, court officials noted last year that payments to Sulima were blocked as a result of the grand jury probe.
Centini was paid $90,869 in 2012 for her work and reimbursements in the Selenski case, according to records from the county controller's office. It's unclear how much she was paid in 2013 or 2014.
Luzerne County Judge Fred Pierantoni on Monday set a hearing for Feb. 10 at 2 p.m. regarding the prosecution's motion to dismiss Centini and Sulima from Selenski's case.