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WILKES-BARRE — Luzerne County prosecutors will be given the chance to argue that evidence recovered from the apartment of homicide suspect Anthony Shaw without a search warrant would have been located anyway.

The state Supreme Court’s decision earlier this week not to review Shaw’s homicide case did not give prosecutors the green light to use three knives, a notebook with a handwritten note, store receipts and packaging against him.

It did, however, open the door for a hearing on the matter.

Those items were found inside Shaw’s East Orange, N.J, apartment by a police officer conducting a welfare check May 3, 2018, when he failed to show for work the previous three days.

Shaw was found by the East Orange police officer with self-inflicted laceration wounds. He survived those injuries.

Luzerne County detectives charged Shaw, 44, with criminal homicide in the stabbing death of his former girlfriend, Cindy Lou Ashton, 39, whose body was found inside her Nicholson Street residence by Wilkes-Barre Township police May 1, 2018.

Shaw’s case was delayed when prosecutors appealed a ruling by President Judge Michael T. Vough that barred the use of evidence recovered from Shaw’s apartment by East Orange police.

Vough determined East Orange police entered Shaw’s apartment without a search warrant.

The state Superior Court in September 2020 upheld Vough’s ruling, agreeing East Orange police entered Shaw’s apartment without a search warrant.

The Superior Court, however, sent the case back to Vough to have a hearing allowing prosecutors to argue the evidence from Shaw’s apartment would have been found during the course of the investigation, known as the inevitable discovery doctrine.

A hearing on the discovery doctrine has not been scheduled.

Prosecutors alleged Shaw was the primary suspect as witnesses say he was with Ashton before she was killed and surveillance cameras recorded him moving her vehicle and leaving her residence.

On May 4, 2018, a day after East Orange police entered Shaw’s apartment, Luzerne County Chief Det. Michael Dessoye called East Orange police to inquire about Shaw.

Prosecutors will have chance to argue for inclusion of evidence in Shaw homicide case