WILKES-BARRE — Attorneys for a man accused of running over a young woman and fleeing from the scene have filed another motion to suppress evidence, this time claiming video footage prosecutors plan to use was from an illegally seized recorder.
The motion comes less than a week after the defense won a similar motion to block evidence from an illegally seized vehicle.
Daniel Loughnane, 46, of Hanover Township, allegedly ran over Rebecca McCallick, 19, on July 24, 2012. McCallick allegedly had been using marijuana and was lying in Hazle Street in Wilkes-Barre. Loughnane was on his way home from Gentleman’s Club 10 when the incident took place, allegedly fleeing the scene.
A motion was filed on Monday in Luzerne County Court by Loughnane’s attorney, Peter Paul Olszewski, which centers around surveillance footage taken from the now defunct strip club.
Olszewski writes the defense was supplied with the surveillance footage late last month, but accuses prosecutors of using “cherry-picked clips” that they deemed relevant to their case, instead of supplying the defense with an unedited version.
Further, Olszewski writes the investigators’ seizure of the recorder used to take the surveillance footage was illegal, as the search warrant only allowed for investigators to seize the footage itself.
The footage in question allegedly shows Loughnane leaving the strip club in the early morning hours. But based on an index of time stamps provided to the defense by prosecutors, Olszewski is claiming much of the video was edited out, calling it “grossly incomplete.”
He claims prosecutors admitted they had not provided the defense with a complete copy of the tapes, despite allegedly previously saying they had supplied all the tapes they had. He’s looking to have evidence from the recorder suppressed, claiming the prosecutors’ actions are a violation of due process as described in the 14th amendment.
Luzerne County Judge Michael T. Vough issued an order, setting a hearing to hear arguments on Wednesday.
Vough last week issued an order, upholding certain parts of another defense motion to suppress evidence in light of an appellate court decision which found Loughnane’s car had been illegally seized by prosecutors.
Loughnane’s trial is currently set for Oct. 15.
Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan