What was slated for a hearing Friday in McKean County Court in the criminal case against Paul Morrisroe turned out to be more of a 20-minute scheduling session for filing further legal briefs in the case.
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.
Defense attorney Robert Kinnear filed four motions in the case — 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.
According to court personnel, President Judge John Pavlock will consider briefs on the habeas corpus motion rather than hear arguments. In that motion, Kinnear is seeking dismissal of the most serious charges in the case; District Attorney Stephanie Vettenburg Shaffer alleged the matter has already been litigated and denied in prior hearings.
During Friday’s session, Pavlock spelled out the other requests by Kinnear.
First, he dealt with a motion to make Morrisroe’s truck — seized by police after the crash and held ever since — available to the jury to view at trial. The trial is scheduled to begin Jan. 17 in Venango County.
“The Commonwealth has indicated it’s their intent for the jury to have a view of the truck as well,” Pavlock indicated. “If the truck is transported to Venango County it will be easier. That is something for the attorneys to work out.”
The next matter involved Kinnear’s request for cell tower records of an alleged witness in the case. “The court is inclined to grant a request so each side can view them to see if there’s anything in there,” Pavlock said. He suggested Kinnear provide him with a proposed order for consideration.
The final matter dealt with the motion in limine in the case, in which Kinnear raised three issues. The first was a matter of Morrisroe refusing to give permission for a blood draw for suspected driving under the influence of alcohol and a controlled substance. Kinnear is arguing that the refusal should not be used as evidence against Morrisroe, while Shaffer says it is admissible as evidence. And, she added, the matter was previously ruled upon.
However, Pavlock indicated a recent U.S. Supreme Court ruling in the case of Birchfield v. North Dakota, which requires police to have a warrant to draw blood for a blood alcohol content search. While there was a warrant obtained in the Morrisroe case, Pavlock told the attorneys to file written briefs within seven days on the point of whether the changed law impacts the admissibility of Morrisroe’s denial of a blood test.
The second issue raised in the motion in limine is Kinnear’s request to exclude from trial photos of the victim at the crash scene. Pavlock ordered the prosecution to present, within 20 days, copies of the photos they intend to use at trial. Kinnear then will have seven days after receipt in which to object about specific photos.
The last issue raised in the motion in limine was Kinnear’s objection to allowing the testimony of Dawn James, the victim’s mother, at trial. Pavlock said he was not ruling on that part of the motion, but said his lack of a ruling “doesn’t limit objections at the time of trial. I’m not going to rule that any witness’s testimony is excluded.”
Kinnear raised one additional matter with the judge, saying he had an expert to call at trial and wanted to be able to schedule a specific date for his testimony. Pavlock said, “Work the schedule out with the Commonwealth. I will leave it up to counsel to work out. I’m always willing to find a way to make sure the jury hears all the evidence it needs to.”
He confirmed the trial is scheduled to begin with jury selection on Jan. 17 in Venango County, and said neither side should plan on calling witnesses that day.
Morrisroe remains free on $250,000 bail.
