McKean County’s top prosecutor said the motions to dismiss charges in the fatal hit-and-run case against Paul Morrisroe have already been rejected by the court, and has called for a dismissal of his motion for habeas corpus.

Morrisroe, 40, of Marshburg, is facing charges including homicide by motor vehicle while under the influence of alcohol and marijuana for the June 2, 2015, hit-and-run crash on Route 646 in Cyclone which caused the death of Dakota Heinaman, 20.

In a series of answers to motions filed late last month by Morrisroe’s defense attorney Robert Kinnear, District Attorney Stephanie Vettenburg Shaffer agreed to one, said one lacked specificity and argued that two others should be dismissed.

A hearing on the motions will be held at 9 a.m. Friday in McKean County Court before Senior Judge William Morgan.

Kinnear had filed a motion for habeas corpus, a motion in limine, a motion to compel production of cell tower records and a motion to show Morrisroe’s truck to the jury.

Shaffer agreed that the jury at the upcoming trial — beginning Jan. 17 in Venango County — should be permitted to see Morrisroe’s truck, and said the prosecution already had intended to have the truck available at the time of trial.

Morrisroe’s truck was seized shortly after the crash, and has been in police possession since.

Regarding the witness’s cell phone records the defense is requesting, Shaffer said the motion is unclear and there’s no information on the record regarding whether the witness ever had a cell phone to compel records from. She has asked the judge to dismiss the motion.

Kinnear’s habeas corpus motion asks for a dismissal of five counts against Morrisroe — homicide by vehicle while driving under the influence, DUI controlled substance first offense, DUI controlled substance metabolite, DUI combination of alcohol and drugs, and DUI general impairment.

However, Shaffer alleged in her answer to the motion, this matter has already been litigated and the motion to dismiss was denied. In May, the court denied a motion in limine seeking to dismiss those same five criminal counts.

She noted, too, that the motion is untimely. “Such a motion shall be filed and served within 30 days after arraignment,” Shaffer cited. Arraignment was Oct. 1, 2015.

In the motion in limine, Kinnear is asking the court to exclude testimony at trial regarding Morrisroe’s refusal to comply with a request to give blood, as it is his constitutional right to refuse; to exclude photographs of the victim at the scene of the hit-and-run; and to prevent Heinaman’s mother, Dawn James, from testifying at trial.

In response to the motion in limine filed by Kinnear, Shaffer again asserts the motion is untimely. Morrisroe’s refusal to give blood was previously litigated as well, she wrote.

Shaffer argued that Morrisroe and his attorney should “identify each specific photograph that is objected to at the hearing” so the court can determine which ones are admissible.

And the testimony of Dawn James “is relevant to the case and the request” to prohibit certain testimony should be made at that time, “when the questions are asked of the witness, as with all witnesses,” the motion reads.

Kinnear has represented Morrisroe since Sept. 14 after previous defense attorney James P. Miller abruptly retired from law Sept. 2, citing personal reasons.

Hours of testimony have been given so far in the case, during several hearings challenging the search warrants in the case, the evidence against Morrisroe, the specificity of the charges against him and whether all the evidence obtained by the district attorney’s office had been turned over to the defense as required in discovery.

The trial had been attempted in McKean County back in May. After three days of questioning — and excusing — potential jurors, Pavlock called a halt to the proceedings. Only five jurors were seated, many of the rest excused for knowing the participants in the case, being familiar with media reports or rumors about the case, or for other reasons.

At that point, Pavlock granted a change of venue and venire in the matter — the place where the trial will be held, and the location from where the jurors will be summoned.

Morrisroe remains free on $250,000 bail.