Monday, July 14, 2008

III. Motion in Limeline-Photographs

10. Denied.

11. Admitted.

12. Denied.

13. Denied. The evidentiary value of the photographs lies in the fact that (a) the Commonwealth has charged these defendants with Abuse of Corpse and Tampering with Physical Evidence; (b) the victim was nearly decapitated by a single powerful stroke of a knife, hence, the use of a deadly weapon upon a vital organ of the body is relevant to the specific intent to kill, required for a conviction of murder in the first degree; (c) the multiple postmortem stab wounds are relevant to the Abuse of Corpse charge-18 Pa. C.S.A. 5510; and (d) the incineration of Mr. Kocis' body is relevant to the Abuse of Corpse charge as well as the Tampering with Physical Evidence charge 18 Pa. C.S.A. 4910.

WHEREFORE, the Commonwealth requests this Honorable Court to deny the Defendant's Motion and admit those photographs with evidentiary value.