It took longer to transport homicide suspect Anthony Dion Shaw from and to the Luzerne County Correctional Facility than it did for his status conference before President Judge Michael T. Vough on Tuesday.
Shaw, 46, of East Orange, N.J., was charged by Luzerne County detectives and Wilkes-Barre Township police with fatally stabbing Cindy Lou Ashton, 39, inside her residence on Nicholson Street, Wilkes-Barre Township, on May 1, 2018, according to court records.
Ashton’s body was found by a Wilkes-Barre Township police officer conducting a welfare check when she failed to report for work on May 2, 2018.
During the brief status conference, Vough said the trial can proceed since the Pennsylvania Supreme Court denied to hear an appeal filed by Shaw’s attorney, David W. Lampman II.
Lampman was challenging an opinion by Vough that permitted First Assistant District Attorney Anthony Ross and Assistant District Attorney Brian Coleman evidence allegedly found in Shaw’s East Orange apartment without a search warrant on May 4, 2018.
A police officer in East Orange entered Shaw’s apartment during a welfare check finding him with self-inflicted slash wounds. While inside the apartment, police also allegedly found three knives and a notebook with a letter reportedly written by Shaw to Ashton’s family. Store receipts from the now closed Kmart in Wilkes-Barre Township were allegedly found in Shaw’s vehicle.
Vough opined investigators would had uncovered the evidence during the course of the investigation, known as the inevitable discovery doctrine.
County Chief Det. Michael Dessoye previously testified he called East Orange police to inquire about Shaw on May 5, 2018, a day after the alleged evidence was found in his apartment.
County Det. James P. Noone had testified Shaw was a “person of interest” the same day Ashton’s body was found.
Ross and Coleman said they expect a week long trial.
Vough scheduled Shaw’s jury trial on an open count of criminal homicide to begin Feb. 26.