WILKES-BARRE TOWNSHIP -- A mother accused of trying to kill her children in Luzerne County wants her case thrown out. Her attorney argues that a key piece of evidence is missing.
The attorney for Melissa Scholl of Wilkes-Barre filed a motion in Luzerne County court on Monday to dismiss all charges.
Scholl is accused of trying to kill herself and her kids in her car last December near Wilkes-Barre. She has been locked up since December. Police say she ran a hose from her car's exhaust into the vehicle while she and her two young children were inside.
In a motion just filed in court, Scholl's attorney argues that the prosecutor told him on Friday that Scholl's car "was destroyed and therefore missing."
According to the motion, the car was last seen in Act's Tow Yard in Wilkes-Barre and no forensic testing was done on the car. The tow yard told Newswatch 16, it's not sure what happened to it.
Scholl's attorney also alleges that the garden hose used in the incident was tampered with. A crime scene photograph from December appears to show dirt on the hose, but the court papers include a photo, taken this month that appears to show a clean hose.
Scholl's attorney says the district attorney's office should have preserved the evidence.
In the motion, Scholl's attorney claims that a black box from the now-missing car could have shown if the car was actually running. If it was, the hose could have shown toxins from the exhaust. Scholl's attorney believes the car's ignition was never turned on in the first place.
There is a hearing set for Tuesday afternoon in Luzerne County court, where a judge could consider dismissing Scholl's two attempted murder charges.