Evidence in Shaw's homicide case to be reviewed by appellate court

Ed Lewis, The Times Leader, Wilkes-Barre, Pa.
·2 min read

Sep. 8—WILKES-BARRE — The admissibility of critical evidence that was discovered in the apartment of homicide suspect Anthony Shaw will be reviewed by a state appellate court.

Shaw's attorney, David W. Lampman II, filed a request seeking Luzerne County President Judge Michael T. Vough to amend the Aug. 11 order that revived the evidence the judge ruled out in 2019.

In doing so, Vough amended his own order allowing Lampman to file an interlocutory appeal — an appeal that occurs before the court's final ruling on an entire case.

Vough has stayed all of Shaw's proceedings until a final decision is issued about the evidence.

Shaw faces trial in the killing of Cindy Lou Ashton, 39, who was found dead inside her Wilkes-Barre Township residence on May 2, 2018. She suffered multiple stab wounds to her head, neck and chest, according to the county Coroner's Office.

What this means

Lampman in his request is seeking the Pennsylvania Superior Court to review how the evidence was discovered, and if prosecutors should be allowed to present the evidence during Shaw's trial.

At issue is whether the evidence — knives, a handwritten letter in a notebook, packaging and store receipts — was found legally by police who entered Shaw's New Jersey apartment without a warrant during a welfare check.

Lampman said an immediate appeal of Vough's Aug. 11 ruling will ultimately terminate the issue involving the evidence. If the evidence remains in play for prosecutors, Lampman said it will substantially impact the outcome of the trial.

If Shaw is convicted just on the evidence alone, Lampman said a post-trial appeal will be necessary and the possibility of a second trial being held.

To prevent that perceived outcome, Lampman successfully requested Vough to amend the Aug. 11 order as an interlocutory order, ultimately giving the Superior Court the final say regarding the evidence, as there is a difference of opinion on how the evidence was discovered.

Evidence debated

Vough initially ruled in 2019 the evidence could not be used against Shaw as police in East Orange, N.J., entered his apartment without a search warrant while conducting a welfare check on Shaw on May 3, 2018. Shaw's employer had contacted authorities in East Orange when he failed to report to work.

Police in East Orange found Shaw with self-inflicted slash wounds, as well as the knives and the letter in the notebook directed to Ashton's family. Shaw had traveled to Wilkes-Barre Township to meet Ashton to discuss their relationship.

Prosecutors appealed Vough's 2019 ruling and won a reprieve by the Superior Court, which ordered Vough to preside over a suppression hearing.

After two suppression hearings earlier this year, Vough determined investigators would have "inevitably" discovered the evidence as the investigation into Ashton's homicide progressed. Shaw was named a person of interest on the same day Ashton's body was found, county Det. James Noonan previously testified.