WILKES-BARRE — Attorneys for a Hanover Township man charged in a fatal hit-and-run accident have filed court papers seeking to have evidence thrown out, including evidence taken in what attorneys say is an illegal seizure and search.
Daniel Loughnane, 40, is facing a March trial on charges he allegedly left the scene after striking Rebecca McCallick, 19, with his vehicle on Hazle Avenue in July 2012 in Wilkes-Barre.
Loughnane is scheduled to appear in Luzerne County Court this afternoon for a bail hearing.
His attorneys, Peter Paul Olszewski Jr. and Melissa Scartelli said in a 39-page filing a number of pieces of evidence and other items in the case should be thrown out.
Their requests include that:
• Still photos of a vehicle taken from a city surveillance video should be excluded.
• Testimony that a time stamp on a security tape at Gentlemen’s Club 10 was 30 minutes fast should be excluded. Prosecutors say Loughnane was at the Wilkes-Barre Township establishment before the accident.
• The seizure of Loughnane’s 2006 Ford truck and items from the truck be suppressed because the search and seizure was “illegal” and a violation of constitutional rights.
• A controlled test drive of Loughnane’s vehicle to identify it by sound should be thrown out.
• An audio version of a 911 call made by McCallick’s boyfriend be thrown out because it has “no evidentiary value.”
• Jurors in the case be questioned individually.
• Photos be suppressed, including photos of the accident scene with McCallick’s body in the roadway and autopsy photos.
A county judge will making a ruling on the requests at a later date.