WILKES-BARRE — Daniel Loughnane’s trial will be underway this time next week, but there are still significant questions about what kind of evidence can be used in front of a jury.
Loughnane, 46, is accused in the 2012 death of Rebecca McCallick, 19, on July 24, 2012.
The young woman was lying in the middle of Hazle Street that night. Loughnane allegedly ran her over and fled the scene while he was heading home from the former Gentleman’s Club 10.
Loughnane appeared for fewer than five minutes before Luzerne County Judge Michael T. Vough on Wednesday on the back of a series of motions made by his defense attorney, Peter Paul Olszewski.
Vough issued an order late last week on one of Olszewski’s motions, denying the defense’s request to bar Jessie Spencer, one of the prosecution’s witnesses, from testifying. Spencer had sat through a previous hearing during which her testimony was discussed, and the defense argued that was grounds to diqualify her from trial.
Olszewski and First Assistant District Attorney Sam Sanguedolce also agreed in court Wednesday to submit expert testimony in regard to Olszewski’s other outstanding motion, in which he says prosecutors operated outside the limits of a search warrant by seizing a digital video recorder from the strip club.
Olszewski claims evidence from the recorder should be barred from trial because the warrant allowed investigators only to take video, not the recorder itself.
Vough scheduled another hearing for Friday morning.
Loughnane’s trial is set to begin Monday.
Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan