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WILKES-BARRE – A Luzerne County judge on Friday denied several motions made by attorneys for a man charged in the shooting death of another last May.
Judge Joseph Augello said in court papers filed Friday that statements Gregory Fann made to investigators can be used at his upcoming trial. The judge said that prosecutors will not be allowed to use information that Fann is an alleged gang member.
Augello stated in court papers that jurors will be questioned individually about the death penalty, which Fann is facing; that statements Fann made to investigators when looking for the murder weapon will be allowed to be used at his trial; that a writ of habeas corpus was denied, and that prosecutors will still be allowed to seek the death penalty despite Fann’s attorney saying it was cruel and unusual punishment. The judge also ruled on several other motions.
Fann is charged in the May 29, 2008, shooting death of Aaron Witko in Edwardsville near the Susquehanna River. He is also charged with a solicitation charge after prosecutors said he attempted to hire someone to kill witnesses in the case.
Augello also denied a motion to sever the charges Fann is accused of.
Prosecutors will also be able to use information from an informant who had firsthand knowledge that Fann attempted to hire someone to kill witnesses in the homicide case.
Augello also said a request to change the trial’s venue will be decided once jurors are questioned on their knowledge of the case.