web1_PA-Turnpike-Logo.jpg

Trucker killed by falling metal conduit in Pa. Turnpike tunnel

web1_119861235-d7f1fcbae9a14b9d9ce833162b47c4df.jpg

Again the question: Could armed teachers stop shootings?

<p>Luzerne County prosecutors illegally seized a Ford F350 pickup truck believed to be linked to a 2012 fatal hit-and-run, the state Superior Court ruled Wednesday, a decision that likely sets up a trial after years of appeal delays.</p><p>Wilkes-Barre police, under direction from an assistant district attorney, took the Ford without a search warrant from the Hanover Township residence of Daniel Loughnane on Aug. 9, 2012, as the Times Leader reported then.</p><p>Loughnane, 45, of West Liberty Street, was later charged with a felony charge of accidents involving death stemming from the hit-and-run on Hazle Street that claimed the life of Rebecca McCallick, 19, on July 24, 2012.</p><p>Loughnane&#8217;s trial was to begin in March 2014, but has been delayed due to appeals by his attorney, Peter Paul Olszewski Jr., and prosecutors regarding the seizure of the Ford.</p><p>The most recent ruling follows a November opinion by the state Supreme Court, <a href="https://www.timesleader.com/news/local/683238/loughnane-case-state-supreme-court-rules-truck-illegally-seized" target="_blank">in which the justices wrote that the state&#8217;s constitution requires police officers to obtain a search warrant or have exigent circumstances before seizing a vehicle from a residential driveway</a>. That sent the case back to the state Superior Court to review county Judge Michael Vough&#8217;s decision that no exigent circumstance were present. The result was this week&#8217;s ruling.</p><p><strong>Seizure timeline</strong></p><p>McCallick&#8217;s boyfriend at the time, John Schenck, allegedly told police they were arguing when she ran out of their apartment at 199 Hazle Ave. early in the morning of July 24, 2012. Schenck claimed he yelled from a second-floor window at McCallick to get off the road when he saw a vehicle speeding up Hazle Avenue striking McCallick.</p><p>McCallick died at Geisinger Wyoming Valley Medical Center in Plains Township.</p><p>Schenck, believed to be the only witness to the hit-and-run, allegedly described the vehicle as having a high clearance, a loud diesel engine and chrome on the exterior.</p><p>Police located Loughnane&#8217;s truck the night of Aug. 8, 2012, but did not have it towed until the early morning hours of Aug. 9, 2012.</p><p>Police visibly inspected the Ford after it was towed to the basement of police headquarters until a search warrant was obtained on Aug. 13, 2012. The search warrant, signed by a district judge, allowed police to search the Ford for evidence and DNA &#8220;under and above the vehicle,&#8221; and to inspect the ignition and engine sound.</p><p><strong>Why was it seized?</strong></p><p>In an affidavit, investigators listed several reasons why the truck was seized without a warrant: because of the lateness of the hour, because it was not known by police whether anyone had access to the vehicle, and because keys were found inside a toolbox in the truck&#8217;s bed. Concerns about rain falling on the vehicle also played a role in taking the truck, according to the affidavit.</p><p>The appellate court ruled that prosecutors and police could have obtained a search warrant to lawfully seize the truck between when the vehicle was found and when the truck was taken.</p><p>Prosecutors &#8220;failed to demonstrate that there were exigent circumstances that would justify seizing (Loughnane&#8217;s) truck without a warrant,&#8221; the Superior Court ruling states. &#8220;This issue is now moot.&#8221;</p><p>Prosecutors did score a victory in the ruling, however.</p><p>The court says they will be permitted to introduce testimony from Peter Sladin, an employee of Legion Security that monitored the now defunct Hawkeye Camera Center, which allegedly recorded a similar looking Ford near Hazle Avenue minutes before McCallick was struck and killed.</p><p>A previous court order prohibited Sladin from testifying, but Superior Court ruled that Sladin would be able to authentic a photograph taken from the Hawkeye surveillance camera.</p><style>
.neFileBlock {
	margin-bottom: 20px;
}
.neFileBlock p {
	margin: 0px 0px 0px 0px;
}
.neFileBlock .neFile {
	border-bottom: 1px dotted #aaa;
	padding-bottom: 5px;
	padding-top: 10px;
}
.neFileBlock .neCaption {
	font-size: 85%;
}
</style>
<div class='neFileBlock'>
<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2018/02/web1_Loughnane-truck-08132012-2.jpg">
<div class="neCaption">A Ford F350 pickup truck was seized by Wilkes-Barre police on Aug. 9, 2012 from the Hanover Township residence of Daniel Loughnane. Luzerne County prosecutors illegally seized the truck during investigation of a fatal hit-and-run, the state Superior Court ruled Wednesday. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2018/02/web1_Loughnane-truck-08132012-2.jpg</photo0><caption0>A Ford F350 pickup truck was seized by Wilkes-Barre police on Aug. 9, 2012 from the Hanover Township residence of Daniel Loughnane. Luzerne County prosecutors illegally seized the truck during investigation of a fatal hit-and-run, the state Superior Court ruled Wednesday. </caption0><photoCredit0>Times Leader file photo </photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Ed Lewis</p><p>elewis@www.timesleader.com</p></bylineMeta></div>

Superior Court: truck seized illegally in 2012 hit-run fatal