`similarities' Seen In 2 Prescription Drug Deaths 
Law Enforcement Officials 
Gather Wednesday To Scrutinize 
Deaths Of Physicians' Wives

Around Town 
Fund-raising Executives To Meet: The Greater Poconos Northeast Chapter Of The 
National Society Of Fund-raising Executives Will Meet At Noon Jan. 13 At 
Victoria Inns In Pittston.

By TERRIE MORGAN-BESECKER; Times Leader Staff Writer
 Wednesday, January 07, 1998 &nbsp;&nbsp;&nbsp;&nbsp;Page: 3A 





WILKES-BARRE- A Luzerne County judge on Tuesday granted a new trial to the
second of two men convicted of the 1994 beating death of a Hazleton man. &nbsp;&nbsp;&nbsp; 
 Saying it would be a "miscarriage of justice" to deny the motion, Senior
Judge Gifford Cappellini ruled Juan Torres must be retried along with Wilson
Hernandez, a co-defendant who was granted a new trial in 1996 by the state
Superior Court. &nbsp;&nbsp;&nbsp; Cousins Torres and Hernandez, of New Jersey, were convicted in April 1995
of second-degree murder and sentenced to life for the death of Andrew Danko.
Hernandez appealed the verdict and was granted a new trial, but Torres was
left in legal limbo because his attorney never filed post-trial motions. &nbsp;&nbsp;&nbsp; 
 Assistant District Attorney Jeff Tokach argued Torres failed to meet the
one-year appeal deadline, but Cappellini ruled Torres was the victim of
ineffective counsel and did not knowingly give up his right to appeal. &nbsp;&nbsp;&nbsp; 
 In a related matter, Judge Michael Conahan on Tuesday denied a motion by
Hernandez's attorney, Jose Ongay of Philadelphia, which sought to bar the
state from retrying Hernandez. &nbsp;&nbsp;&nbsp; 
 Hernandez was scheduled to be retried next month in Luzerne County Court of
Common Pleas, but the case is expected to be delayed at least a year while
Ongay appeals Conahan's ruling. &nbsp;&nbsp;&nbsp; 
 Tokach said he plans to try Hernandez and Torres together. He said he
expects Torres' case also will be stayed pending the outcome of the Hernandez
appeal. &nbsp;&nbsp;&nbsp; 
 The delay upset Danko's parents, Mary, 60, and Andrew Sr., 68, who attended
the hearing. &nbsp;&nbsp;&nbsp; 
 The couple said it's difficult knowing Hernandez and Torres are getting a
second chance at freedom. &nbsp;&nbsp;&nbsp; 
 "It's very depressing. We have a thirst for justice and we don't want to
see it fall through the seams of the justice system," Andrew Danko Sr. said. &nbsp;&nbsp;&nbsp; 
 The couple said they remain devastated by their son's death. Andrew was
their only child and left behind two children, who are 5 and 9 years old. &nbsp;&nbsp;&nbsp; 
 "He was just asking this Christmas if he could see his daddy," Mary Danko
said, referring to the 9-year-old. &nbsp;&nbsp;&nbsp; 
 At Tuesday's hearing before Conahan, Ongay argued a second trial for
Hernandez would constitute double jeopardy- a protection within the U.S.
Constitution which prohibits a defendant from being tried twice for the same
crime. &nbsp;&nbsp;&nbsp; 
 Hernandez won a new trial after the Superior Court ruled Tokach committed
prosecutorial misconduct for misleading jurors about an alleged deal made with
three witnesses who were also charged in connection with the case. &nbsp;&nbsp;&nbsp; 
 Ongay cited a written statement from witness Amber Troutman as part of her
guilty plea to robbery and conspiracy. Troutman wrote she understood her
sentence would be based on the "quality and character" of her testimony. She
claimed she accompanied the cousins to Danko's home to rob him of drugs and
money, then watched as they beat him. &nbsp;&nbsp;&nbsp; 
 Appellate courts have said double jeopardy can be argued if the defense
proves prosecutors intentionally withheld vital information that would have
helped the defendant's case. Ongay argued prosecutors agreed to charge
Troutman with a lesser crime if she cooperated, then intentionally misled
jurors into believing no deal was made. &nbsp;&nbsp;&nbsp; 
 Tokach conceded Troutman made the statement, but insisted it was not based
on any agreement prosecutors made

2nd Murder Figure To Be Retried 
Ruling Means That Both 
Men Convicted Of Murder 
In Death Of Andrew Danko 
Will Get Opportunity To 
Have The Verdict Overturned

2nd Murder Figure To Be Retried Ruling Means That Both Men Convicted Of Murder In Death Of Andrew Danko Will Get Opportunity To Have The Verdict Overturned