WILKES-BARRE -- A judge in Luzerne County has ruled that a truck police say was involved in a deadly hit and run in Wilkes-Barre, cannot be used as evidence in the upcoming trial because it was seized illegally
Judge Michael Vough ruled that a pickup truck owned by defendant Daniel Loughnane cannot be used as evidence in a trial that starts in two weeks.
According to the police report Rebecca McCallick, 19, was hit by a vehicle in July of 2012 while crossing Hazle Avenue near her home in Wilkes-Barre.
A witnesses said the vehicle was a pickup truck which sped off after hitting her.
More than two weeks later, police seized Loughnane's Ford pickup, after they said it matched the description given to police from witnesses.
But Judge Vough ruled since Wilkes-Barre police took the pickup before obtaining a search warrant, the seizure was invalid, and the pickup cannot be used as evidence.
"Fundamentally, the decision does not help the prosecutors, and fundamentally it's certainly a help to us," said Peter Paul Olszewski, who is Loughnane's attorney.
Luzerne County District Attorney Stephanie Salavantis is not commenting on where her office goes from here in the case scheduled to begin in two weeks.