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LAWRENCE COUNTY Murder suspect seeks to have evidence thrown out



Published: Tue, September 10, 2002 @ 12:00 a.m.



A hearing is set for Sept. 19.

NEW CASTLE, Pa. -- A murder suspect wants a judge to throw out evidence police collected against him because he believes they didn't have the proper search warrant.

Police seized items belonging to David C. Garvey, 21, of Struthers in the Lawrence County Jail sometime after his October 2000 arrest.

His attorney, Thomas Leslie, said police had no search warrant for the jail when they took the items.

"They had a search warrant for the wrong place. There was no search warrant for the jail," Leslie said.

Leslie said police had a search warrant for a Poland Avenue home in Struthers, searching for shoes, a leather jacket and jewelry belonging to Garvey. But they didn't search Garvey or the home, his attorney said.

A hearing on the matter is set for Sept. 19 before Common Pleas Court Judge Dominick Motto.

Garvey, along with two other men, is accused in the Oct. 8, 2000, stabbing death of 12-year-old Shannon Leigh Kos of Youngstown. Her body was discovered a few days later in a secluded area of Mahoning Township, Lawrence County.

Garvey and Perry S. Ricciardi, 22, also of Struthers are expected to go to trial sometime in the next few months.

William Monday, 23, pleaded guilty in April to first-degree murder, conspiracy to commit murder and abuse of a corpse. A judge sentenced him to life in prison.




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