Homicide suspect's lawyer says evidence should be barred

Jun. 26—WILKES-BARRE — An 86 page legal brief filed by the attorney for homicide suspect Anthony Dion Shaw suggests prosecutors failed to prove evidence, which was barred by Luzerne County President Judge Michael T. Vough, would had been discovered as the investigation naturally progressed.

Attorney David V. Lampman II believes the investigation into Shaw, 45, was anything but lawful as investigators obtained alleged evidence from Shaw's East Orange, N.J., apartment and 2002 Mercury Sable without search warrants.

Lampman recently filed his lengthy legal brief in his effort to prohibit prosecutors from using what he says were illegally obtained knives, a notebook with a handwritten letter, store receipts and packages from Shaw's apartment and vehicle.

Shaw was charged by county detectives with an open count of criminal homicide for the May 1, 2018, stabbing death of Cindy Lou Ashton, 39, inside her Nicholson Street residence in Wilkes-Barre Township.

As the investigation commenced, detectives named Shaw a person-of-interest as witnesses reported seeing and coming in contact with Shaw inside Ashton's apartment the night before her body was found during a welfare check by township police.

Two days after Ashton was found, police in East Orange conducted their own welfare check on Shaw finding him with self-inflicted stab wounds inside his apartment. While police were inside Shaw's apartment, they found three bloody knives and a several-page handwritten letter by Shaw in a notebook.

Lampman argued police in East Orange entered Shaw's apartment without a search warrant in violation of New Jersey law. Vough agreed in 2019 when he barred prosecutors from using what he opined was illegally obtained evidence.

Prosecutors filed an appeal with the state Superior Court that ordered Vough to have a hearing allowing prosecutors the chance to prove the alleged evidence would had been discovered during the investigation.

Vough presided over two hearings in recent months allowing Lampman and prosecutors — First Assistant District Attorney Tony Ross, Daniel Marsh, Brian Coleman and Gerry Scott — to file legal briefs before he makes a ruliing.

Lampman in his brief maintains the alleged evidence from Shaw's apartment and vehicle were illegally seized including any evidence recovered afterwards.

Following Vough's 2019 ruling, prosecutors established an idependent investigation team Lampman calls the "Taint Team," which was coordinated by state police Trooper Brian V. Noll.

Noll conducted the independent investigation to determine if his findings would have named Shaw a suspect in Ashton's death.

Lampman, according to his legal brief, believes Noll's investigation was not independent as he was assisted, coached, guided and provided evidence by the original investigators.

As of Friday, prosecutors have not filed their legal brief to support their argument on the alleged evidence.