Lawyer wants seized items kept out of upcoming homicide trial

By Ed Lewis - [email protected]
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WILKES-BARRE — A lawyer for murder suspect Anthony Jackson is seeking to have items seized from a house prohibited at trial and a firearm charge dismissed.

Jackson, 39, of New Grant Street, Wilkes-Barre, is facing trial in Luzerne County Court later this month in connection to a fatal shooting outside RisNicks Bar on East Main Street, Plymouth, in July 2017.

Prosecutors allege Jackson gunned down Anthony James Wisneski, 34, of Nanticoke, during an altercation that escalated outside.

The bar is now known as Robby Nick’s Sports Bar, and a man was shot dead outside the place last week. Kyon Dane McDonald, 34, of Plymouth, is charged with homicide in that case.

As for Jackson, he was arrested at a girlfriend’s house in Leola, Lancaster County, about 15 hours after the deadly shooting and charged with homicide and illegal possession of a firearm.

Prosecutors say Jackson is prohibited from owning, carrying and possessing a firearm due to a prior conviction.

State police said they found a .38-caliber revolver, .38-caliber shell casings, suspected cocaine and a scale, hair, cell phones, sandals and female clothes at the Lancaster County house, according to the search warrant receipt.

Defense attorney Frank McCabe claims the search warrant that permitted state police to search the house “lacked sufficient probable cause,” noting there was no information in the warrant that places Jackson inside the Leola residence.

McCabe further alleges an investigator testified at the preliminary hearing that Wisneski, not Jackson, is a convicted felon.

Jackson’s trial before Judge William Amesbury is scheduled to begin Oct. 29.

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By Ed Lewis

[email protected]