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<p>WILKES-BARRE &#8212; The estate of hit-and-run victim Paula Jones has asked the court to compel her alleged killer to provide answers and emerge from behind an &#8220;improper&#8221; invocation of the Fifth Amendment, according to a court document filed this week.</p><p>Scavone, 50, pleaded the Fifth in a Dec. 14 court filing after attorneys for Brian Jones, Paula Jones&#8217; husband and the administrator of her estate, sought to request information from him. Citing pending criminal charges against him, Scavone invoked his Fifth Amendment rights.</p><p>Prosecutors claim a drunken Scavone ran down 31-year-old triathlete Paula Jones as she jogged along Lakeside Drive in Harveys Lake on June 7 and then fled to his mother&#8217;s house. Paula Jones, of Factoryville, was allegedly struck with such force that she was propelled more than 20 feet from the point of impact.</p><p>In August, Brian Jones filed a lawsuit in Luzerne County Court against Scavone as well as American Legion Post 672 in Dallas and several defendants associated with the Grotto Pizza restaurant and bar at Harveys Lake, two locations prosecutors believe Scavone was drinking at on June 7.</p><p>Brian Jones&#8217; attorneys attempted to gather documents and statements from the defendants, but Scavone failed to answer and instead pleaded the Fifth in a short response.</p><p>Scavone&#8217;s plea, however, is a &#8220;blanket assertion&#8221; that fails to conform to state law, wrote attorney Patrick M. Scanlon.</p><p>Scanlon, of O&#8217;Donnell Law Offices in Kingston, argued that a witness may only invoke their Fifth Amendment rights when being asked to testify to self-incriminating facts and when asked a question that requires an incriminating answer.</p><p>Scanlon wrote that Scavone&#8217;s response is &#8220;procedurally defective and should be stricken.&#8221;</p><p>&#8220;The defendant is not the sole judge of the right to assert the privilege,&#8221; Scanlon wrote. &#8220;The court must decide if refusal to answer is based on good faith and is justified under the circumstance.&#8221;</p><p>Scavone is charged with homicide by vehicle while driving under the influence of alcohol and seven related charges. He is scheduled to be tried on Feb. 29.</p><style>
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<div class="neCaption">Scavone </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2016/01/web1_scavone01-6.jpg</photo0><caption0>Scavone </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><subheadMeta>Scavone had previously pleaded the Fifth</subheadMeta></div><div class="metaInfo"><bylineMeta><p>By Joe Dolinsky</p><p>jdolinsky@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL</p></shirttailMeta></div>

Estate of hit-and-run victim seeks to compel details from Michael Scavone