SUNBURY - A bench trial scheduled for Aug. 30 for Dr. Raymond Kraynak, who is charged with driving under the influence of alcohol, could possibly be delayed if a hearing doesn't soon occur to determine if the defense is entitled to receive certain information from the commonwealth.
During a pre-trial conference Friday, Northumberland County Judge Charles H. Saylor told defense attorney Eric Prock of Pottsville that he must submit a motion seeking discovery evidence from the district attorney's office on or before Aug. 14. A hearing will be held to determine if the defense's request for the discovery evidence is granted.
Prock presented First Assistant District Attorney Ann Targonski a letter outlining the items he is seeking, including proof that police officers were certified to conduct a sobriety checkpoint in which Kraynak was stopped and subsequently arrested. Targonski, who was handling the case Friday for Assistant District Attorney Michael Toomey, objected to Prock's request.
Prock is a law partner of Pottsville lawyer Frederick Fanelli, who represents Kraynak, 56, of Kulpmont. The doctor, who is also a member of the Mount Carmel Area School Board, was initially represented by Attorney James Zurick of Shamokin.
At a February hearing before Judge William H. Wiest, Zurick argued that Coal Township police did not have probable cause to charge his client with driving under the influence of alcohol at a DUI checkpoint on Route 61 in Coal Township on May 26, 2012. Zurick claimed the checkpoint was illegal and said the defendant was the only person charged with DUI during the checkpoint.
On April 17, Wiest denied Zurick's request to suppress evidence and the case proceeded to a pre-trial conference.
Kraynak, a practicing physician with offices in Ashland, Mount Carmel and Shamokin, is charged by Coal Township Patrolman Matthew Henrich with one count of DUI. He remains free on his own recognizance.