web1_TTL101618Witches4.jpg

No fireballs, just sincere beliefs

TTL101818E.indd

Industrial Park Series: Oct. 2018

<p>WILKES-BARRE &#8212; A Luzerne County judge won&#8217;t be hearing arguments about motions to suppress evidence in Anthony Jackson&#8217;s homicide case until the day of his trial.</p><p>Jackson, 39, of Wilkes-Barre, is accused of fatally shooting Anthony James Wisneski, 34, of Nanticoke, outside the former RisNicks Bar in Plymouth in July 2017.</p><p>Judge William H. Amesbury has scheduled a hearing for arguments on recent defense motions for the morning of Oct. 29 &#8212; the day Jackson&#8217;s trial is set to begin.</p><p>The hearing comes after motions from Jackson&#8217;s attorney, Frank McCabe, sought to have evidence blocked from trial, specifically items taken from a Lancaster County residence where the suspect was arrested.</p><p>Jackson was arrested at the home, which belonged to a girlfriend, about 15 hours after Wisneski&#8217;s death. State police say they found a revolver, shell casings, and what they suspected to be cocaine.</p><p>However, McCabe says the search warrant lacked &#8220;sufficient probable cause,&#8221; saying there was no information in the warrant that placed Jackson at the home.</p><p>Both McCabe and prosecutors filed additional briefs this week, further explaining their positions.</p><p>McCabe writes the search warrant is a violation of Jackson&#8217;s Fourth Amendment right protecting against unreasonable searches and seizures.</p><p>&#8220;In this case, the search warrant completely fails the totality of the circumstances test because no nexus exists between the defendant, the items to be searched and the place to be searched,&#8221; McCabe writes.</p><p>But prosecutors Gregory Skibitsky and Gene Molino contend there was evidence that connects him to the house &#8212; a vehicle that was also spotted at the scene of the shooting. Therefore, they say, there was probable cause for the search warrant.</p><p>Attorneys also argued about another defense motion asking to drop a charge of illegal possession of a firearm by a felon.</p><p>Further arguments will be made before Amesbury on the morning of Oct. 29. Jackson is being held at the Luzerne County Correctional Facility without bail on an open count of criminal homicide.</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/2018/10/web1_web1_web1_Court-6-10.jpg">
<div class="neCaption"></div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2018/10/web1_web1_web1_Court-6-10.jpg</photo0><caption0></caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Patrick Kernan</p><p>pkernan@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan</p></shirttailMeta></div>

Arguments on evidence to be heard day of trial in Plymouth homicide case