Defense For W-B Murder Suspect Seeks To Have Evidence Thrown Out
WILKES-BARRE — The defense for murder suspect Anthony L. Jackson is seeking to have key evidence thrown out on grounds that it was seized on an insufficient search warrant.
Jackson, 39, of Wilkes-Barre, is set to stand trial later this month on charges of criminal homicide and illegal firearm possession. Prosecutors say Jackson shot and killed Anthony J. Wisneski, 34, early July 9, 2017.
But a filing Monday by defense attorney Frank T. McCabe seeks to throw out some key evidence that was seized from the Lancaster County home of Jackson’s girlfriend, arguing the search warrant police got was flawed.
“Specifically, the defense asserts that the search warrant itself lacks information that specifically places (Jackson) inside the residence to be searched, and furthermore, the search warrant is silent to any credible information that the items to be searched for being located inside that residence,” McCabe wrote.
During the July 9, 2017, search of the home in Leacock Twp., police seized a .38 special revolver, spent .38-caliber shell casings, cocaine, hair, cellphones, sandals and clothing, the motion says.
McCabe is seeking to have that evidence thrown out on grounds that police lacked probable cause to seize it.
Jackson is accused of killing Wisneski following a dispute at Risnick’s bar on East Main Street in Plymouth.
Prosecutors say Wisneski tried to intervene in a dispute between Jackson and another man over a woman’s purse. According to witness accounts, Wisneski, known as “AJ,” attempted to intervene after Jackson and the other man went outside to fight.
Minutes later, witnesses heard gunshots and saw Wisneski lying face down in the street as Jackson walked to his silver Chrysler 300 and drove away, according to prosecutors.
Wisneski was taken by ambulance to an area hospital, where he was pronounced dead.
The trial is set to begin Oct. 29.
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