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Pa. Senate hearing today on White Haven, Polk closures

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DHS Secretary: Trump’s SNAP program changes jeopardize food access

<p>WILKES-BARRE &#8212; Surveillance video showing homicide suspect Anthony Shaw buying knives and socks should be barred due to illegally obtained evidence that led investigators to the department store where the purchases were made, his lawyer believes.</p><p>Attorney David W. Lampman II filed a response to an argument by prosecutors seeking to overturn a ruling by Luzerne County Judge Michael T. Vough.</p><p>Vough last month issued a ruling that crippled the case against Shaw, 43, prohibiting prosecutors from using evidence discovered inside Shaw&#8217;s apartment by East Orange police in New Jersey on May 3, 2018. Vough ruled that East Orange police entered Shaw&#8217;s apartment without a search warrant while conducting a welfare check on Shaw. He was found inside with self-inflicted stab wounds.</p><p>Shaw is accused of fatally stabbing Cindy Lou Ashton, 39, inside her Nicholson Street, Wilkes-Barre Township, residence on May 1, 2018.</p><p>Police in East Orange found three knives and a notebook prosecutors say was an apology written by Shaw inside his apartment. A receipt for the knives purchased at Kmart near Ashton&#8217;s residence and a receipt for gasoline at a service station in White Haven were found in Shaw&#8217;s vehicle.</p><p>Vough also banned prosecutors from using evidence from Shaw&#8217;s vehicle.</p><p>Prosecutors last week filed a one-page statement in connection with an appeal they filed with the state Superior Court saying Vough erred in suppressing the evidence. They believe the evidence should be admissible under the independent source and inevitable discovery doctrine, and that the search was performed under the emergency caretaker doctrine.</p><p>Prosecutors believe the evidence from Shaw&#8217;s apartment and vehicle would had been found because investigators learned through witnesses that he was with Ashton the night of April 30, 2018, and used a credit card at a local fitness center and movie theater.</p><p>In response, Lampman argued investigators were led to Kmart and obtained surveillance video of Shaw purchasing knives. Lampman said since the Kmart receipt was barred, the video should also be suppressed, including video at the White Haven service station and movie theater.</p><p>In a previous court filing, Lampman and Attorney Jessica Miraglia, are seeking to have the criminal homicide charge be dismissed, arguing evidence to support the charge was gathered illegally.</p><p>Vough has stayed Shaw&#8217;s proceedings until the Superior Court makes a ruling. Shaw remains jailed at the county correctional facility without bail.</p><style>
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<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2019/09/web1_Anthony-Shaw-08082019-1.jpg">
<div class="neCaption">Shaw </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2019/09/web1_Anthony-Shaw-08082019-1.jpg</photo0><caption0>Shaw </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Ed Lewis</p><p>elewis@www.timesleader.com</p></bylineMeta></div>

Shaw’s lawyers seeking more evidence be barred in homicide case