WILKES-BARRE — Prosecutors are reviewing a Luzerne County judge’s ruling earlier this week prohibiting use of a hit-and-run suspect’s truck at trial, District Attorney Stefanie Salavantis said Wednesday.
Judge Michael T. Vough on Monday issued an order stating that Wilkes-Barre police, acting without a warrant, illegally seized a truck belonging to Daniel Loughnane from his Hanover Township home on the night of Aug. 9, 2012, and therefore it is inadmissible as evidence.
The seizure came 16 days after Rebecca McCallick, 19, was struck by a vehicle on Hazle Avenue, Wilkes-Barre. She died later at Geisinger Wyoming Valley Medical Center. Loughane stands accused of fleeing the scene of a fatal crash.
“We are reviewing the ruling to determine whether an appeal is necessary. We respect Judge Vough’s rulings as we do all of the judges,” Salavantis wrote.
“Ultimately, no evidence was recovered from the vehicle, so I do not feel the rulings were detrimental,” she continued. “Nonetheless, we want to make a very thorough and careful review of the rulings and the evidence they permit us to present to ensure we are giving the jury what it needs to find proof beyond a reasonable doubt.”