Last updated: March 18. 2013 10:56PM - 2712 Views
By - elewis@civitasmedia.com - (570) 991-6116

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WILKES-BARRE - Attorneys for Daniel Loughnane filed a motion Monday in Luzerne County Court seeking evidence in the fatal hit-and-run accident on Hazle Avenue last year.

While the motion by attorneys Peter Paul Olszewski Jr. and Melissa A. Scartelli may be routine in preparation for trial, their requests for information previously unknown seeks records dating back five years, if they exist.

City police charged Loughnane, 40, of West Liberty Street, Hanover Township, with accidents involving death based on allegations he drove away after striking Rebecca McCallick, 19, in front of 199 Hazle Ave. on July 24. McCallick died at Geisinger Wyoming Valley Medical Center.

Loughnane’s trial has not been scheduled. He remains free on $50,000 bail.

Testimony at a preliminary hearing earlier this year suggested McCallick left the Hazle Avenue apartment she shared with her boyfriend, John Schenck IV, after an argument.

Schenck testified McCallick was lying in the middle of the road and rolled over when a large-size pickup truck sped past, striking her.

Olszewski and Scartelli in seeking evidence from prosecutors, called discovery, want five-year records of “any and all responses” by city police to the Hazle Avenue apartment and for any residence where McCallick and Schenck resided.

Loughnane’s attorneys are also seeking records of “bad acts” for each witness prosecutors plan to call to testify at trial, including statements from witnesses prosecutors do not intend to use.

Loughnane waived his right to a formal arraignment in county court on March 7, which began the exchange of evidence from prosecutors to his lawyers.

A hearing on the request for evidence is scheduled for April 22.

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